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England and Wales Case Law

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Social security law

CLO v Bolsover District Council & Anor

The Upper Tribunal held that the appellant became an owner of the property from 31 October 2014, so housing benefit stopped and the overpayment was recoverable.

  • Housing benefit
  • Overpayment recovery
  • Shared ownership tenancy
  • Tenants in common
  • Official error
  • Tribunal procedure
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Social security law

DM v Secretary of State for Work and Pensions

The Upper Tribunal set aside First-tier Tribunal decisions on Universal Credit overpayment and remitted the cases for rehearing before a fresh panel.

  • Universal credit
  • Student finance
  • Notional income
  • Religious belief discrimination
  • Overpayment recovery
  • Legitimate expectation
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Social security

BH v Secretary of State for Work and Pensions

The Upper Tribunal held the First-tier Tribunal erred in law by treating PAYE as determinative of employment status and remitted the Carer’s Allowance appeal.

  • Carer's allowance
  • Employment status
  • Overpayment recovery
  • Civil penalty
  • Contract of service vs contract for services
  • Carers-allowance
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Social security law

AS v Secretary of State for the Department of Work and Pensions

The Upper Tribunal dismissed an appeal about Income Support overpayment recovery, holding that non-notification of a revised decision was official error but did not create an appeal right or extend time.

  • Official error
  • Notification requirements
  • Overpayment recovery
  • Jurisdiction of tribunal
  • Appeal time-limits
  • Article 6 echr
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Administrative law

DP v The London Borough of Lambeth

Court of Appeal allowed a second appeal in a housing benefit case, holding that a material mistake of fact about the appellant’s capacity caused procedural unfairness.

  • Housing benefit
  • Capacity to litigate
  • Procedural fairness
  • Mistake of fact
  • Tribunal case management
  • Litigation friend
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Social security law

Secretary of State for Work and Pensions v AE

The Upper Tribunal held that child benefit had ended after HMRC terminated the award, so the claimant was not entitled to widowed parent’s allowance for the period in issue.

  • Widowed parent's allowance
  • Child benefit
  • Overpayment recovery
  • Entitlement conditions
  • Benefit claims
  • Statutory interpretation
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Social security law

KS v The Secretary of State for Work and Pensions

Upper Tribunal allowed an appeal about JSA overpayments, set aside the First-tier Tribunal decision, and remitted the case for a fresh hearing.

  • Jobseeker's allowance
  • Overpayment recovery
  • Disclosure obligations
  • Procedural fairness
  • Jobseekers-allowance
  • Overpayment-recovery
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Civil procedure [2025] EWHC 126 (SCCO)

AKS v National Farmers Union Mutual Insurance Society Ltd

AKS v National Farmers Union Mutual Insurance Society Ltd [2025] EWHC 126 (SCCO) (23 January 2025)

The court approved a £220,000 costs settlement but reduced a claimant’s solicitor CFA success fee to £16,502.64, ordering repayment of the overpayment.

  • Assessment of solicitor-client costs
  • Success fee under cfa
  • Protected party litigation
  • Court approval of costs
  • Overpayment recovery
  • Civil-procedure
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Criminal law

R v Muhibur Rahman

The hardship payment to Mr Cassidy was overpaid as a cracked trial fee when the case had only been adjourned, not cracked; the appellant, as trial advocate, is entitled to the main case fee, and the respondent is responsible for recouping any overpayment from Mr Cassidy, not the appellant.

  • Advocate's graduated fees scheme
  • Hardship payments
  • Remuneration regulations
  • Overpayment recovery
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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.