Linda Tolley (Deceased) v The Secretary of State for work and Pensions
| Jurisdiction | England & Wales |
| Judge | Lord Justice Sullivan,Lord Justice Floyd,Lord Justice Jackson |
| Judgment Date | 23 October 2013 |
| Neutral Citation | [2013] EWCA Civ 1471 |
| Court | Court of Appeal (Civil Division) |
| Date | 23 October 2013 |
| Docket Number | Case No: C3/2013/1115 |
[2013] EWCA Civ 1471
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
[Appeal No: CDLA/0735/2009]
Royal Courts of Justice
Strand, London, WC2A 2LL
Lord Justice Jackson
Lord Justice Sullivan
and
Lord Justice Floyd
Case No: C3/2013/1115
Mr Tom de la Mare QC (instructed by the DWP) appeared on behalf of the Applicant
Mr Richard Drabble QC (instructed by the Public Law Project) appeared on behalf of the Respondent
(As Approved)
This is an appeal with the leave of the tribunal from the decision of the Upper Tribunal dated 19 July 2012, reported at [2012] UKUT 282 (AAC), in which the Upper Tribunal allowed the respondent's appeal from the First-tier Tribunal and concluded that she had been entitled to receive the care component of disability living allowance when she moved permanently from the United Kingdom to Spain in November 2002. In reaching that decision the Upper Tribunal concluded that it was bound by the Court of Appeal's decision in the Commisioners of Her Majesty's Revenue and Customs v Ruas [2010] EWCA Civ 291 (" Ruas").
In Ruas the court gave detailed consideration to the proper interpretation of the ECJ's judgment in Case C-85/96 Martinez Sala v Freistaat Bayern [1998] ECR I-2691. In summary, Mr de la Mare on behalf of the appellant contends that Ruas was wrongly decided and that in that decision the Court of Appeal misunderstood the ECJ's judgment in Sala. Realistically he accepted that he would be unable to persuade this court simply to allow the appeal because it is plainly inconsistent with the Court of Appeal's decision in Ruas, but he sought a reference to the CJEU. He pointed us to the decision of the court in Case 173–09 Elchinov [2011] 1 CMLR 29, which demonstrates that, notwithstanding the binding nature of the Ruas decision upon us, we do have a discretion to make a reference if we consider it appropriate to do so.
The problem faced by Mr de la Mare is that the unsuccessful appellants in Ruas, the Commissioners for Her Majesty's Revenue and Customs, asked the Court...
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SL CDLA 2877 2013
...2013 and permission to appeal to the Supreme Court was refused: Secretary of State for Work and Pensions v Linda Tolley (deceased) [2013] EWCA Civ 1471. The Secretary of State is seeking permission to appeal from the Supreme Court. However, that case is of limited assistance, since the appe......
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Secretary of State for Work and Pensions v Tolley CDLA 735 2009
...(United Kingdom) dismissed the appeal brought by the Secretary of State against the decision of the Upper Tribunal [SSWP v Tolley [2013] EWCA Civ 1471]. The Secretary of State then appealed to the Supreme Court of the United Kingdom [SSWP v Tolley [2015] UKSC 55]. 25. That court observes th......
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Secretary of State for Work and Pensions v Tolley (deceased, acting by her personal representative)
...[2015] UKSC 55 THE SUPREME COURT Trinity Term On appeal from: [2013] EWCA Civ 1471 Lady Hale, Deputy President Lord Clarke Lord Reed Lord Toulson Lord Hodge Secretary of State for Work and Pensions (Appellant) and Tolley (deceased, acting by her personal representative) (Respondent) Appell......
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KS CDLA 669 2012
...June 2007. [2] The case is known in the Court of Appeal by the name Secretary of State for Work and Pensions v Linda Tolley (deceased) [2013] EWCA Civ 1471. [3] The claimant in Secretary of State for Work and Pensions v LT had worked and paid national insurance contributions in the United K......