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04 June 2015
Issue: 7655 / Categories: Legal News
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Flawed & invalid decision-making by government

The government was not just flawed in its decision-making but was so wrong that its decisions were invalid and therefore must be set aside, the Upper Tribunal has ruled in twin test cases against the secretary of state for work and pensions ( Secretary of State for Work and Pensions v Dukes and Secretary of State for Work and Pensions v Wheatland (CE/366/2013 and CE/705/2013)).

Mr Dukes challenged the government’s decision to shift him from incapacity benefit to employment and support allowance (ESA) without him having a face-to-face assessment. Mr Wheatland was in receipt of ESA but a decision was made on his capability for work status without the assessment.

The tribunal held that the decision makers were unable to explain their scoring in either case, and that this rendered their decisions invalid.

Morayo Fagborun Bennett,of Hardwicke chambers, junior counsel for Dukes, says: “It is rare for the courts and tribunals to hold that the decision made by the government is invalid or unlawful, as opposed to valid but wrong.”

Issue: 7655 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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