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England and Wales Case Law

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Social security law

Michael Allen v The Secretary of State for Work and Pensions

The Court of Appeal held that criminal trading activity can count as “work” and its proceeds as “income” for ESA means-testing under the 2008 Regulations.

  • Employment and support allowance
  • Means testing
  • Definition of work
  • Income from criminal activity
  • Social-security-law
  • Employment-and-support-allowance
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Social security law [2026] EWCA Civ 19

Allen v The Secretary of State for Work And Pensions

Allen v The Secretary of State for Work And Pensions [2026] EWCA Civ 19 (21 January 2026)

The Court of Appeal held that criminal bike dealing could still count as “work” and “income” for ESA purposes, and dismissed the appeal.

  • Employment and support allowance
  • Means-testing
  • Definition of work and income
  • Criminal activity and benefit entitlement
  • Employment-and-support-allowance
  • Definition-of-work
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Social security law

IB v Gravesham Borough Council & Anor

The Upper Tribunal held that “reasonable steps” under regulation 64(3) require all personal circumstances to be considered, including sincere religious objections to interest.

  • Housing benefit
  • Student loans
  • Religious discrimination
  • Means testing
  • Interpretation of regulations
  • Housing-benefit
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Family law

SARAH BECKER (R on the application of) v PLYMOUTH CITY COUNCIL

The High Court quashed Plymouth City Council’s special guardianship allowance decision, finding its means-testing policy irrational and inconsistent with the model guidance.

  • Special guardianship
  • Means testing
  • Financial support
  • Statutory guidance
  • Local authority decision-making
  • Special-guardianship
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Public law [2022] EWHC 1885 (Admin)

Becker, R (On the Application Of) v Plymouth City Council

Becker, R (On the Application Of) v Plymouth City Council [2022] EWHC 1885 (Admin) (20 July 2022)

Judicial review of Plymouth City Council’s special guardianship financial support policy. The High Court quashed the decision because the Council’s means-testing model was incoherent in part.

  • Special guardianship orders
  • Means testing
  • Local authority duties
  • Statutory guidance
  • Financial support for guardians
  • Special-guardianship-orders
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Administrative law [2020] EWHC 3140 (Admin)

G.R., R (on the application of) v Director of Legal Aid Casework & Anor

G.R., R (on the application of) v Director of Legal Aid Casework & Anor [2020] EWHC 3140 (Admin) (24 November 2020)

The High Court held that legal aid means-testing regulations required a valuation exercise for an applicant’s home, but the applicant’s challenge failed on the facts.

  • Legal aid eligibility
  • Means testing
  • Valuation of capital assets
  • Access to justice
  • Articles 6 and 8 echr
  • Legal-aid
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Public law [2020] EWHC 1411 (Admin)

HE, R (on the application of) v The Lord Chancellor

HE, R (on the application of) v The Lord Chancellor [2020] EWHC 1411 (Admin) (04 June 2020)

The High Court granted permission for judicial review over legal aid means-testing that counted WIBSS payments, finding arguable discrimination and irrationality.

  • Legal aid eligibility
  • Discrimination under echr article 14
  • Right to family life (echr article 8)
  • Peaceful enjoyment of possessions (a1p1)
  • Standing in judicial review
  • Means testing for legal aid
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Constitutional law

HE, R (on the application of) v The Lord Chancellor

The court granted permission for judicial review of a legal aid refusal that counted WIBSS compensation as capital, finding arguable discrimination and irrationality.

  • Legal aid
  • Discrimination
  • Standing
  • Irrationality
  • Means testing
  • Infected blood compensation
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Mental capacity law [2017] EWCOP 24

M, Re Mental Capacity Act 2005

M, Re Mental Capacity Act 2005 [2017] EWCOP 24 (31 May 2017)

The Court of Protection dismissed an application to call in a deputy bond and rejected parents’ financial claims, holding the compromise agreement was unconditional and the court lacked jurisdiction over disputed liability.

  • Deputyship duties
  • Calling in of security bond
  • Means testing in social care
  • Jurisdiction of court of protection
  • Compromise of judicial review
  • Costs orders
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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.