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Gubeladze

 

Dan Manville
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Mental health, Wolverhampton CC Welfare Rights

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I couldn;t find it on teh Supreme Court Tracker list and it was decided back in November.

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

Thanks

     
From the other side
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CRU/CARF-FIFE

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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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Welfare Rights Advisor, CPAG, London

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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