CoA’s judgment in AT

The Court of Appeal’s judgment in the Secretary of State’s appeal against the UT’s December 2022 decision in Secretary of State for Work and Pensions v AT (Aire Centre and IMA intervening) has just been issued ...

Great result:

‘I would dismiss the appeal on all grounds ...’

Check out the rightsnet WR case law later section later this afternoon for our summary ...

Judgment is here (although I am also keenly awaiting the summary….) - https://cpag.org.uk/sites/default/files/files/Final-Judgment-CA-2023-000085-SSWP-v-AT-08.11.2023.pdf

The SSWP has been refused permission to appeal to Supreme Court by Court of Appeal. If a further permission application to Supreme Court is made (or is being contemplated) then SSWP will presumably continue to stay cases pending the resolution of that (and any further appeal if permission obtained).

Our advice continues to be that SSWP should apply the judgment in any case where not to do so would cause hardship- so the important point is don’t think there is nothing that can be done for clients who need to rely on the judgment.

rightsnet summary of the judgment now published - congrats to CPAG on brilliant outcome -

Court of Appeal rules that DWP must carry out individualised assessments of whether refusal to award universal credit to claimants with pre-settled status would breach right to live in dignity

The EU Rights Hub has also now published a write-up of the new judgment:

Court of Appeal decides the Secretary of State is wrong, wrong, wrong: The Charter applies to people with pre-settled status

Any sign of an application to the SC? I know there’s still a week to go but all the same, I’m gagging to know. As will my Tribunal on 18th of next month.