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England and Wales Case Law

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Administrative law

NN v The Secretary of State for Defence

The Upper Tribunal held that the First-tier Tribunal erred in law when assessing an AFCS award and remitted the case for rehearing by a fresh panel.

  • Armed forces compensation scheme
  • Error of law
  • Tribunal procedure
  • Assessment of disability
  • Remittal
  • Armed-forces-compensation-scheme
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Social security

AR v Secretary Of State For Work And Pensions

The Upper Tribunal set aside a First-tier Tribunal PIP decision for legal error and remitted the case for rehearing before a different tribunal.

  • Personal independence payment
  • Supersession decisions
  • Tribunal procedure
  • Assessment of disability
  • Adequacy of reasons
  • Personal-independence-payment
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Social security law

EW v Secretary of State for Work and Pensions

The Upper Tribunal held that a PIP appeal was wrongly assessed because the First-tier Tribunal failed to evaluate fatigue and prompting at reasonable times and in the proper context.

  • Personal independence payment
  • Assessment of disability
  • Error of law
  • Tribunal procedure
  • Personal-independence-payment
  • Fatigue
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Social security law

JMcC v The Secretary of State for Work and Pensions

The Upper Tribunal allowed an appeal about PIP, set aside the First-tier Tribunal’s decision, and remitted the case for a fresh rehearing.

  • Personal independence payment
  • Tribunal procedure
  • Adjournment
  • Assessment of disability
  • Raynaud’s disease
  • Mental health and social engagement
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Social security law

EG v Secretary of State for Work and Pensions (PIP)

The Upper Tribunal set aside a First-tier Tribunal decision on PIP, holding it misdirected itself on verbal communication and social support, and remitted the case.

  • Personal independence payment (pip)
  • Assessment of disability
  • Hearing impairment
  • Tribunal procedure
  • Personal-independence-payment
  • Hearing-impairment
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Social security

SB v Secretary of State

The Upper Tribunal held that the First-tier Tribunal erred by not fully considering supervision needs when preparing food under PIP rules and remitted the case.

  • Personal independence payment
  • Assessment of disability
  • Supervision requirement
  • Tribunal error
  • Personal-independence-payment
  • Food-preparation
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Personal injury [2009] EWHC 708

C v Dixon

C v Dixon [2009] EWHC 708 (QB) (25 June 2009)

High Court quantum judgment on future care for a severely brain-injured protected party, addressing 24-hour support, case management, and relationship-based care scenarios.

  • Quantum of damages
  • Future care costs
  • Periodical payments
  • Assessment of disability
  • Brain injury
  • Care management
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Tort law

C v Dixon

Personal injury quantum judgment assessing future care and case management for a severely brain-injured protected party, including support hours, sleep-in care and rates.

  • Quantum of damages
  • Future care costs
  • Case management
  • Assessment of disability
  • Protected parties
  • Personal-injury
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Administrative law [2009] EWCA Civ 451

Bunce, R (on the application of) v Pensions Appeal Tribunal & Anor

Bunce, R (on the application of) v Pensions Appeal Tribunal & Anor [2009] EWCA Civ 451 (07 April 2009)

The Court of Appeal held that the Pensions Appeal Tribunal exceeded its jurisdiction by re-opening causation issues on an assessment-only appeal.

  • Judicial review of tribunal decisions
  • Scope of tribunal jurisdiction
  • War disablement pensions
  • Assessment of disability
  • Attribution of injury to service
  • Judicial-review
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Tort [2009] EWHC 684

Darg v Commissioner of Police for the Metropolis

Darg v Commissioner of Police for the Metropolis [2009] EWHC 684 (QB) (31 March 2009)

Personal injury trial on whether finger lacerations caused carpal tunnel syndrome and CRPS. The court found causation proved but held the claimant had exaggerated his disability.

  • Causation
  • Damages
  • Complex regional pain syndrome
  • Carpal tunnel syndrome
  • Assessment of disability
  • Credibility of claimant
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.