Carpenter v Social Security Commissioner and Another

JurisdictionEngland & Wales
Judgment Date15 January 2003
Date15 January 2003
CourtCourt of Appeal (Civil Division)

Court of Appeal

Before Lord Justice Laws

Carpenter
and
Social Security Commissioner and Another

Practice - tribunal refusing adjournment - not of itself a decision capable of being appealed

Decision distinctions

Refusal by a social security appeal tribunal to grant an applicant an adjournment was not of itself a decision capable of being appealed nor was it covered by an obligation on the tribunal to give its reasons.

Lord Justice Laws, sitting in the Court of Appeal with Lord Justice Ward and Lord Justice Jonathan Parker on January 15, 2003, so stated when dismissing an appeal by the applicant, James Carpenter, from the judgment of Social Security Commissioner Jacob on January 17, 2002, upholding a decision by the Sheffield Social Security Appeal Tribunal that the applicant was capable of work and no longer entitled to National Insurance credits.

HIS LORDSHIP said that the tribunal had refused the applicant an adjournment to obtain a medical report.

The court's jurisdiction depended on the provisions in sections 8 to 10 of the Social Security Act 1998 and in the Social Security and Child Support (Decisions and Appeals) Regulations (SI 1999 No 991).

There was...

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4 cases
  • SK v Revenue and Customs Commissioners and another
    • United Kingdom
    • Upper Tribunal (Administrative Appeals Chamber)
    • 1 January 2022
    ...purpose, was a “determination” within the meaning of section 2 (post, para 39).Carpenter v Secretary of State for Work and Pensions The Times, 20 January 2003, CA considered.The following cases are referred to in the judgment:CG/0953/1999 (unreported) 15 February 2000, Social Security Comrs......
  • Gough v Local Sunday Newspapers (North) Ltd and Another (No. 2); Field v Local Sunday Newspapers (North) Ltd (No.2)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 July 2003
    ...a petition questioning the election. That did not conflict with his Lordship's view in Ullah and Others v Pagel and AnotherTLR (The Times January 20. 2003). On the contrary, such an approach was calculated rather to promote certainty and to resolve more speedily than most petitions any doub......
  • R Quintavalle v Human Fertilisation and Embryology Authority Appellant
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 16 May 2003
    ...on April 8, 2003, an appeal by the Human Fertilisation and Embryology Authority from the order of Mr Justice Maurice Kay (The Times January 20, 2003) in which he granted a claim for judicial review by Josephine Quintavalle, on behalf of Comment on Reproductive Ethics, that the authority had......
  • JL v Calderdale Metropolitan Borough Council
    • United Kingdom
    • Upper Tribunal (Administrative Appeals Chamber)
    • 1 January 2022
    ...to withdraw the claim, a determination had been made on it (post, paras 22–27).Carpenter v Secretary of State for Work and Pensions The Times, 20 January 2003, CA and SK v Revenue and Customs Comrs [2022] PTSR 818, UT considered.Per curiam. If the above analysis is wrong, withdrawal of the ......
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  • Nothing New Under the Sun? a Technologically Rational Doctrine of Fourth Amendment Search - Stephen E. Henderson
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 56-2, January 2005
    • Invalid date
    ...New Surveillance System, WASHINGTON POST,May 21,2003, at A6; John Markoff,Poindexter's Still a Technocrat, Still a Lightning Rod, N.Y. TIMES, Jan. 20, 2003, at CI. 4. Safire, YouAre a Suspect, supra note 3. For his humorous response to his own critics, see William Safire, Privacy Invasion C......
  • Explaining Grutter v. Bollinger.
    • United States
    • University of Pennsylvania Law Review Vol. 152 No. 1, November 2003
    • 1 November 2003
    ...on the broader question of affirmative action"); David Firestone, From 2 Bush Aides, 2 Positions on Affirmative Action Case, N.Y. TIMES, Jan. 20, 2003, at A17 ("Secretary of State Colin L. Powell ... made it clear he remained a strong supporter of traditional affirmative action,"); Michael ......
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    • United States
    • Military Law Review No. 186, December 2005
    • 1 December 2005
    ...a 'fair trade to avoid a war.'" Id. at 405; see also Steve R. Weisman, Exile for Hussein May Be an Option, U.S. Officials Hint, N.Y. TIMES, Jan. 20, 2003, at Professor Johnson argues that war crime proceedings should only occur in cases where there is "a pattern of atrocious conduct" since ......

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