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SOCIAL SECURITY LAW

16 August 2007
Issue: 7286 / Categories: Case law , Law digest
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Secretary of State for Work and Pensions v Morina [2007] EWCA Civ 749, [2007] All ER (D) 353 (Jul)

The central point of law to be determined was whether a social security commissioner has jurisdiction to hear an appeal from a legally qualified panel member (LQPM) who has refused to extend time or who has struck out a proposed appeal for want of jurisdiction.

It was held that the Social Security Act 1998 contemplates that some decisions of the social security appeal tribunal may be made by a single, legally qualified, member. It follows that a decision of a LQPM sitting alone is to be regarded as a decision of the appeal tribunal for the purpose of determining whether the commissioner has jurisdiction to hear an appeal from the decision.

Where a commissioner refuses leave to appeal against a substantive tribunal decision, his refusal is susceptible to judicial review.Moreover, if a decision of the LQPM is unappealable to the commissioners, it is susceptible to judicial review.

Issue: 7286 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
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