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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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