CH715/2006-copy of decision needed.

Hi all,

Does anyone have a copy of CH715/2006 that they could send me please? It’s for an overpayment appeal on 6/8.

Many thanks in anticipation.

Mark

Nope, sorry, but see the post-script in SSWP v LB Tower Hamlets & CT [2018] UKUT 25 (AAC):

41. CH/715/2006 was an unusual case on its facts and established no new legal principle. It was a case about the certainties required to create an express trust and not about whether legal or beneficial ownership is taken into account when calculating entitlement to income-related benefits. What I said about the certainties was no more than the practical application of legal propositions that can be found in any undergraduate textbook on the law of Trusts. I therefore did not even consider it worth putting on the website maintained by the Commissioners’ office at the time.

42. Despite that, for about once a month on average during the past 11 years, local authorities—including LBTH in this case—have been ripping the first sentence of paragraph 20 of CH/715/2006 from the context provided by paragraph 19 (and by the rest of paragraph 20) and citing it to the First-tier Tribunal as authority for the proposition that it is the legal ownership of property, as opposed to the beneficial ownership, that is relevant to entitlement to income-related benefits.

43. CH/715/2006 is not authority for that proposition, and I would like to take this opportunity of politely asking those local authorities to stop.

Thanks that’s really helpful in itself!

I could provide it but won’t put here for same reasons as Judge Poynter- perhaps DM me.

Martin