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16 August 2007
Issue: 7286 / Categories: Case law , Law digest
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SOCIAL SECURITY LAW

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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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