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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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