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The Scottish Case

 

The CASA
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Has anybody read about the assessment process in a case being called the “The Scottish Case”?

     
Elliot Kent
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That’s a pretty vague prompt. Who said it and what point were they making?

At a punt, it could be something to do with the MM litigation in the Supreme Court which has come from Scotland and relates to PIP activity 9. That’s probably the most high profile Scottish case which is currently going through the courts.

     
The CASA
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No Elliot,

PM me and I’ll put you in the picture, same goes for others.

     
Dan Manville
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Is thsi that Glaswegian Lawyer? I’ve seen comment on it. We tried something similar with the WCA a few years back off the back of PLP’s work in MM & DM It didn’t fly but I think it rattled a few people.

     
BC Welfare Rights
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Welfare Rights Adviser Southwark Law Centre Peckham

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If it is that one, I’m not certain of there being any wider impact, even if it succeeds - it’s predicated on individual discrimination against him, rather than claimants with mental health problems as a class (even though he says claimants with mental health problems as a group are affected). Indeed, the report says,

He had been receiving PIP from 2013 until it was removed following a reassessment in November 2016.
It was only reinstated last October, after he took his appeal to the social security tribunal.

So the DWP didn’t initially discriminate against him - but then it did? Begs a whole load of questions, doesn’t it? *scratches chin*

 

     
HB Anorak
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I wondered if the appellant was called MacBeth and lawyers consider it bad luck to mention it by name?

     
Elliot Kent
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HB Anorak - 11 February 2019 10:35 AM

I wondered if the appellant was called MacBeth and lawyers consider it bad luck to mention it by name?

I was wondering how long it would take…

     
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Welfare Rights Adviser Southwark Law Centre Peckham

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I was thinking more Timon of Athens….

     
HB Anorak
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Well, someone had to.  Thought I would take one for the team

     
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A friend of mine, who, in hot blood,
Hath stepp’d into the law, which is past depth
To those that, without heed, do plunge into ‘t.