Exceptional cases funding granted for first time in welfare rights case

5 December 2014

In Secretary of State for Work and Pensions v PD CE/783/2014, Upper Tribunal (AAC), ‘exceptional cases funding’ was granted by the Legal Aid Agency  for what appears to have been the first time in a welfare rights case.

The case was the Secretary of State’s appeal against a FTT decision which found that the regulations designed to migrate claimants from Incapacity Benefit to ESA are ultra vires. It was heard by a three-judge panel in November and judgment is awaited.

In arguing successfully that the refusal of funding would breach PD’s Art 6 ECHR rights, PD relied on comments made in JC v Secretary of State for Work and Pensions (ESA) [2014] UKUT 352 (AAC), §§62-63, which arguably demonstrate that ‘exceptional cases’ funding should be routine in three-judge panel cases.

Tom Royston acted for the benefit claimants in both PD and JC, instructed by the Child Poverty Action Group and Kirklees Law Centre respectively.

Share this

Chambers news

Chambers news

Pupils Mira Hammad and Christian Weaver accept invitations to join Chambers

GCN is delighted that Christian Weaver & Mira Hammad have accepted offers of tenancy

Chambers news

COVID-19 Business Continuity

Following the Government announcement last night, Garden Court North Chambers would like to reassure our clients that we remain open for business and will continue...

Chambers news

Christmas and New Year Opening

Chambers will close for Christmas at 6pm on Wednesday 23 December 2020. There will be a skeleton staff available between the hours of 10am and...

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up