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Secretary of State v Tolley (Deceased)
Hoping for some serious help on this one.
Had a DLA appeal hearing in November 2014, adjourned pending the outcome of the Secretary of State for Work and Pensions v Tolley (Deceased) (CDLA/0735/2009) proceeding through the Supreme Court.
Now got a hearing date for mid-March, the questions are:
i) If the Supreme Court case is still outstanding is there any point in this hearing taking place; and
ii) If a Judge decides to hear the appeal in March, what happens if we win/lose?
Thoughts much appreciated
Tolley is the Sec State’s appeal against a decision that was favourable to the claimant.
The anti test case rule applies favourably to your client. The appeal can be determined on the basis of the worst outcome for the appellant in the test case (i.e. the Sec State). It looks like the appeal in Tolley is against the decision that DLA Care is payable to a person who’s permanently resident elsewhere in the EU under the co-ordination rules.
It’s up to the Sec State to seek to have the case stayed otherwise.
If you win then the Sec State wins the Sec State would need to show grounds to supersede the award; error of law most likely. Any overpayment that arises would not be recoverable from your client.
Had a DLA appeal hearing in November 2014, adjourned pending the outcome of the Secretary of State for Work and Pensions v Tolley (Deceased) (CDLA/0735/2009) proceeding through the Supreme Court.
Now got a hearing date for mid-March, the questions are:
it’s not in the current cases list for the SC:
http://www.administrativeappeals.tribunals.gov.uk/Decisions/casesPendingHigherCourts.htm
On the UT website thought; how strange!
http://www.administrativeappeals.tribunals.gov.uk/Decisions/casesPendingHigherCourts.htm
On the UT website thought; how strange!
yes, but that only says that the Sec of State was granted permission to appeal on 15.04.14
I should have expected it to be on the current SC list if it was still going ahead, particularly given the date for hearing suggested by previous poster…
are we sure the Sec of State is continuing?
Tolley now listed for 5th and 6th may - https://www.supremecourt.uk/docs/easter-term-2015.pdf
Judgment due next Wednesday 29 July…
The Supreme Court has decided to refer the question of whether residence requirement for care component of DLA is lawful to the CJEU -
https://www.supremecourt.uk/cases/uksc-2013-0252.html
Here’s the rightsnet summary of the judgment -
The CJEU has given judgment on the references from the Supreme Court in Tolley whether residence requirement for care component of DLA is lawful.
Here’s the rightsnet summary of the judgment -
and here is the actual ECJ decision:
cheers claire ... plus here’s the clean version without highlighting:
sorry - i always forget it highlights when you search on name.
Having said all that, my understanding was that once ECJ has delivered a judgement following a referral, the matter should go back to the referring domestic court, in this case the SC, for a final decision in domestic law.
thanks Claire - agree entirely, case will go back to Supreme Court with the positive aspects of the CJEU preliminary ruling hopefully supporting a good result for the claimant.