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Supreme Court grants permission to appeal in bedroom tax remedies case

Stuart
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From Landmark Chambers today -

‘On 12 February 2019 the Supreme Court granted permission to appeal in the case of RR (AP) (Appellant) v Secretary of State for Work and Pensions. The case is effectively an appeal from the majority decision of the Court of Appeal in Carmichael v SSWP [[2018] EWCA Civ 548], which had held that the statutory authorities (First Tier Tribunal and Upper Tribunal) had no jurisdiction to grant Mr Carmichael a remedy and disapply the size criteria when calculating his benefit, even though the Supreme Court had earlier held in R (Carmichael) v SSWP [2016] 1 WLR 4550(SC) that their application in his (and his wife’s) case breached their convention rights. Mr Carmichael did not appeal this remedy decision. The grant of permission in RR (AP) follows a “leapfrog” certificate granted by the Upper Tribunal. A substantial number of cases are stayed in the Upper Tribunal because they raise related issues.’

https://www.landmarkchambers.co.uk/supreme-court-grants-permission-to-appeal-in-bedroom-tax-remedies-case/

edit - here’s the rightsnet summary of the cases granted the ‘leapfrog’ certificate and the Court of Appeal decision [2018] EWCA Civ 548

[ Edited: 14 Feb 2019 at 08:15 am by Stuart ]
Daphne
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HB Anorak
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Wow - that’s a 999 emergency by Supreme Court standards isn’t it.

ClairemHodgson
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HB Anorak - 20 February 2019 11:50 AM

Wow - that’s a 999 emergency by Supreme Court standards isn’t it.

probably because of what those lower have done/not done after their earlier decision.

Timothy Seaside
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HB Anorak - 20 February 2019 11:50 AM

Wow - that’s a 999 emergency by Supreme Court standards isn’t it.

It looks urgent, but let’s not get too excited; a quick hearing doesn’t mean a quick judgment.

Still waiting for the judgments on the benefit cap, more than seven months on. Anybody know what’s going on there?

shawn mach
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Reminder that RR is being heard in the Supreme Court this week:

An appeal is to be heard in the Supreme Court on Wednesday 3 July 2019 in an important constitutional case on the powers of specialist tribunals and local authorities relating to the bedroom tax. Supreme Court

The Supreme Court will consider whether social security tribunals and local authorities have the power to provide effective remedy to benefits claimants in situations where the application of regulations breach their rights under the Human Rights Act.

The case in the Supreme Court is being brought by a man, known as Mr RR, who is continuing the original legal case brought by Jayson and Jacqueline Carmichael. Both the Carmichaels and RR are represented by law firm Leigh Day.

More: https://www.leighday.co.uk/News/2019/July-2019/Supreme-Court-to-hear-bedroom-tax-case

Stuart
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