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Gubeladze

 

Dan Manville
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I couldn’t find it on the Supreme Court Tracker list and it was decided back in November.

Anyone know for sure whether it’s settled once and for all?

Thanks

      [ Edited: 3 Jul 2018 at 11:56 am by Dan Manville ]
From the other side
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“Looks like they are appealing to Supreme Court as I have had a supplementary submission from DWP for a case that had been sisted pending TG case and they have asked for this to continue as they state SSWP has lodged application for permission to appeal to Supreme Court” I had posted that late December in the appropriate thread regarding the case but I have heard nothing since. I may send a note to HMCTS for an update.

     
Martin Williams
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My understanding is that the SSWP is seeking permission to appeal to the Supreme Court having been refused permission by the Court of Appeal. A search of Supreme Court website seems to indicate that that Court has not yet considered the permission application.

For stayed, or in Scotland, sisted, cases, I guess the point is to really check whether the case does depend on correctness of Gubeladze. There may be cases where there is another argument on which the claimant could get home without relying on that case and given how long it will all take, it may be, particularly if claimant without benefit until then, fair and just for the FtT or UT to decide the other issues first and then stay or sist a final decision on just the parts of the case which are Gubladze dependent in cases where that is needed.

For the original posters that is presumably a grandmothers and eggs point but I just thought I would make it here in case it helps anyone else. There always seems to be a bunch of cases swept up by these sorts of issues which on closer inspection never needed to be.

Martin

     
Dan Manville
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Thanks Martin

Any idea how long it’s likely to take before we know whether permission has been granted?

     
Dan Manville
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Bump

I have been inspecting the lists and would expect leave to appeal to be considered in the next month or two. The recent cases considered are August to October; Gubeladze was decided last November.

     
Elliot Kent
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I’m told by the Registry that the Supreme Court granted permission to appeal on 19.06.

     
Dan Manville
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I tried saying thanks on Wednesday but it wouldn’t accept my submission.

Thanks Elliot.

      [ Edited: 12 Jul 2018 at 09:26 am by Dan Manville ]
Martin Williams
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Here is the written confirmation PTA to Supreme Court granted:

https://www.supremecourt.uk/docs/permission-to-appeal-2018-0506.pdf (second last case in the list).

Martin.

     
shawn
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Set to be in heard in the Supreme Court ... 12 and 13 March 2019:

https://www.supremecourt.uk/docs/hilary-term-2019.pdf

     
Stuart
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Supreme Court is to hand down judgment on 19 June ...

https://www.supremecourt.uk/cases/uksc-2018-0008.html

     
Rwkitch
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https://www.bailii.org/uk/cases/UKSC/2019/31.html

” For the reasons we have set out, we would dismiss the Secretary of State‚Äôs appeal.”

     
Elliot Kent
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Haven’t had a chance to read this yet but looks like a resounding defeat for the DWP.

Lost on the main point about the legality of the extension, got permission to raise a new argument about whether the extension even needed to be “proportionate” at all but lost on that too - and it seems that the claimant was able to resurrect and win on the argument about whether “actual” or “legal” residence was required in any event which is also significant.

 

     
ClairemHodgson
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Elliot Kent - 19 June 2019 12:14 PM

Haven’t had a chance to read this yet but looks like a resounding defeat for the DWP.

it was indeed.  DWP lost on all possible grounds

     
Elliot Kent
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ClairemHodgson - 19 June 2019 01:11 PM
Elliot Kent - 19 June 2019 12:14 PM

Haven’t had a chance to read this yet but looks like a resounding defeat for the DWP.

it was indeed.  DWP lost on all possible grounds

Well worse than that even - they lost on all their own grounds of appeal and then, on top of that, the COA has been overturned on the one point which had succeeded there. Now we are pretty much exactly left where Judge Ward said we were 4 1/2 years ago.

Good job to all concerned. Including Tom Royston who is absolutely on fire with this and Samuels last week.

     
HB Anorak
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Tom Royston is on a hat trick with a decision awaited on the Nuneaton bedroom tax case

     
Elliot Kent
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HB Anorak - 19 June 2019 11:27 PM

Tom Royston is on a hat trick with a decision awaited on the Nuneaton bedroom tax case

Yes - I see that case has made it to the Court of Appeal’s Youtube channel if you have four hours to kill:
https://www.youtube.com/watch?v=rcS6O2Z-TdQ
https://www.youtube.com/watch?v=qwApbMk9nKg