I am looking to see if anyone has been sucessful in winning an appeal were JCP do not accept there has been Tacit consent. Any help would be greatly appreciated.

Sorry - this may be English ignorance of a Scottish law point: but what is "tacit consent"?

It's silent or ignorant consent where person A gives person B approval for an action by thier silence. I suppose this would be like in social security fraud where an offence is committed by a person who allows another to knowingly claim benefit incorrectly and doesn't speak up.

I can't think how this would relate to claims for bereavement benefit though.

I'm wondering if the post is in relation to cases where death cannot be or established? e.g. there is no body, confession, etc

Thanks for getting back, we know how it relates to berevement benefit but have a case going to tribunal and were looking for any arguments we could use to show there was tacit consent. Any help would be greatfully received

i'm glad you know how it relates to bereavement benefit, rosie, but nobody else here appears to know, and you're the one asking for help... : ) could you give us a clue...? : )

Is this tacit consent in the context of an irregular Scots Law marriage?

I would think that it does relate to an irregular marriage by habit and repute. Tacit consent to marriage must be present for an irregular marriage to be proved.

We've had a successful appeal on tacit consent recently where my colleague Chris Orr was the rep. You can give Chris a call on 0141 287 8732.

David

There are quite a lot of detailed notes in the Sweet and Maxwell legislation compliation, Volume I, in the commmentary to s 39 A-C of the Contributions and Benefits Act, with a good page of notes and caselaw on Scottish marriages in which I see the words "tacit consent" more than once.

Can i thank everyone who has replied for their help. I am just back from holiday and was really please with the help given. It is actually my collegue who is going to appeal and i have been passing on all you info to her. I will let you know if we win.

Hi
I hope I am in time to assist you - I had a case like this recently - we won and the chair commented that it was the first case she'd seen win and she expected DWP to dispute (there was no presenting officer there)
DWP did ask for written reasons and asked for leave to appeal but were refused and didn't take any further.

I used
Sarah Doherty or Cunningham or Voislius against Patrick Vosilius and others
I don't know how to add as a link but if you google - scotcourts.gov.uk/opinions/08_3_96.html

In preparing my submission I used the same layout that Lord Nimmo had used as I thought that made it clear and easier to follow each point.

- whether the presumption of tacit consent which in that event arises has been rebutted,

The decision maker’s own guidance states “the presumption described in this paragraph can only be rebutted by clear and convincing evidence”. You must consider whether presumption of tacit consent has been given and then it is up to DWP to prove it has been rebutted. it was this that the case was won on as I tore down the evidence they used.
You've probably already been and had your appeal now, but this might help if anyone is searching this item.
Emma

Emma could you poss contact me regarding your appeal. My case is due 22/01/09 Email annkerr@airdriecab.casonline.org.uk