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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Help finding a decision

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Joined: 15 October 2012

I can’t remember the name of a decision, help me out… please!

A couple of years back there was a decision where a lady had gone into JCP and given them a letter saying “what can I claim?” and after a lot of legal wrangling it was decided, at the Court of Appeal IIRC that the letter could constitute a claim for (I think) IB.

It sticks in my head because I dropped it in front of the Judge who’s decision had been set aside while they were sat on the First tier and it was with a smirk they brought that to my attention; I think they thought I knew but I didn’t.

I keep thinking “Francovich” but searches reveal nowt.

Can anyone remember?

[ Edited: 28 May 2013 at 11:22 am by Dan_Manville ]
Ros
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editor, rightsnet.org.uk

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hi

it was novitskaya - was my case at tribunal stage when i was in lasa appeals team so i should remember!

here’ a link to rightsnet news story -

http://www.rightsnet.org.uk/news/story/Whether-necessary-to-complete-a-claim-form-or-name-a-particular-benefit-in-

and court of appeal decision -

http://www.bailii.org/ew/cases/EWCA/Civ/2009/1260.html

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Total Posts: 2262

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Thanks Ros!