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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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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