R v Secretary of State for Social Security ex parte Taylor

JurisdictionEngland & Wales
CourtQueen's Bench Division
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4 cases
  • R (Cooper) v Secretary of State for Work and Pensions
    • United Kingdom
    • Supreme Court
    • 14 December 2011
    ...can continue to be made between the making of a bankruptcy order and the bankrupt's discharge from bankruptcy: R v Secretary of State for Social Security, Ex p Taylor and Chapman [1997] BPIR 505. The House of Lords has reached the same conclusion in the context of the rather different Scot......
  • R (Cooper) v Secretary of State for Work and Pensions
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 26 July 2010
    ...be described as diligence for the purposes of the law of Scotland. 3023. The second case in the trilogy is R v Secretary of State for Social Security, ex parte Taylor and Chapman [1997] BPIR 505. There the applicants for judicial review were social security claimants. Their benefits were b......
  • R (Balding) v Secretary of State for Work and Pensions
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 3 April 2007
    ...in reply, she then indicated that she withdrew the concession. 35 In R v Secretary of State for Social Security ex p. Taylor and Chapman [1997] BPIR 505 the question before the Court was whether the right to recover overpayments under s.71(8) and s.78(2) of the 1992 Act continued after the ......
  • R (Cooper) v Secretary of State for Work and Pensions
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 December 2010
    ...to the bankruptcy jurisprudence it does not include that power: see R v. Secretary of State for Social Security, ex p Taylor and Chapman [1997] BPIR 505 at 513H; Mulvey v. Secretary of State for Social Security 1997 SC (HL) 105 at 109D; Razzaq v. Pala [1997] 1 WLR 1336 at 1343 E-G; and R(Ba......
1 firm's commentaries
  • Having Your Cake and Eating it: Debt Relief Orders and the Public Purse
    • United Kingdom
    • Mondaq United Kingdom
    • 23 November 2010
    ...attribute an intention by Parliament, in enacting the DRO legislation in 2007, to adopt the conclusion in the cases of Mulvey and Taylor (1997) BPIR 505 QBD that bankruptcy left the Secretary of State's right of recovery unaffected prior to Accordingly, the Secretary of State's continued wi......

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