Taylor, Ryan and The Department for Communities and The Department for Work and Pensions - Judgement No.2
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ |
| Judgment Date | 12 April 2022 |
| Neutral Citation | [2022] NICA 21 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 12 April 2022 |
Neutral Citation No: [2022] NICA 21
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC11823
ICOS No:
Delivered: 12/04/2022
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
(QUEEN’S BENCH DIVISION)
_________
RYAN TAYLOR
Appellant:
-and-
THE DEPARTMENT FOR COMMUNITIES AND THE DEPARTMENT FOR
WORK AND PENSIONS
Respondents:
_________
Representation
Appellant: Mr Hugh Southey QC and Mr Steven J McQuitty (of counsel) instructed
by Kristina Murray Solicitors
Respondents: Mr Tony McGleenan QC and Mr Aidan Sands (of counsel) instructed by
the Departmental Solicitors Office and the Crown Solicitor’s Office
_________
Before: McCloskey LJ and Maguire LJ
_________
Judgment No: 2
_________
McCloskey LJ (delivering the judgment of the court)
Preface
This court, with a differently constituted judicial panel, delivered an earlier
judgment herein on 18 February 2022. As appears from para [45] thereof an “unless
order” was made. The appellant having complied with this, the hearing of the
appeal substantively was conducted on 25 March 2022. The appellant is challenging
certain provisions of subordinate legislation, rehearsed in para [4] infra, pursuing
declaratory relief, on the ground that they are unlawful being in contravention of
article 1 of The First Protocol in conjunction with article 14 ECHR (the pure article 8
ECHR challenge at first instance no longer being pursued). His application for
judicial review was dismissed at first instance. The statutory framework, the
evidential framework and the progress of the proceedings are rehearsed extensively
in paras [1] – [10] of the court’s earlier judgment, which it is convenient to reproduce
in substance.
Introduction
[1] This is an appeal in judicial review proceedings. The parties are Ryan Taylor
(“the appellant”) on the one hand and the Department for Communities (“DFC”) and
the Department for Work and Pensions (“DWP”), collectively “the respondents”, on
the other. The Northern Ireland Housing Executive (“NIHE”) has been recognised
as having the status of interested party and, in response to the court’s direction,
confirmed, very properly, that it did not seek to participate actively in this appeal.
[2] This case concerns the taxpayers’ funded benefit known as Housing Benefit
(“HB”). HB is administered by NIHE on behalf of the Department for Communities.
In a nutshell, HB is designed to assist those on low income living in rented
accommodation who satisfy the statutory qualifying requirements by paying their
rent, rates and service charges. The appellant is said to be a member of this class.
[3] The appellant appeals against the order of deputy high court judge Friedman,
consequential upon his judgment delivered on 18 December 2020 – [2020] NIQB 78 -
dismissing the application for judicial review. By this judgment the court determines
the respondents’ application for an order striking out the appeal on the grounds that
the appellant has failed to discharge his duty of candour to the court both at first
instance and on appeal; has failed to comply with the requirements of Order 53,
Rules 5 and 6 and Order 41 of the Rules of the Court of Judicature; has not
established that he is a victim within the compass of section 7(1) of the Human
Rights Act 1998 (“HRA 1998”); and is pursuing an appeal which constitutes a misuse
of the process of the court. There is a further contention that in the event of the
appeal proceeding there is no basis upon which the court could, in the exercise of its
discretion, provide the appellant with a remedy of practical benefit to him.
The Impugned Statutory Provisions
[4] We gratefully adopt the judge’s outline of the governing statutory framework,
which is contained in the Housing Benefits Regulations (Northern Ireland) 2006, as
amended by the Social Security (Miscellaneous Amendments) Regulations
(Northern Ireland) 2013 (67/2013) (‘the 2006 Regulations’):
“[37] Regulation 7(13) of the 2006 Regulations, provides
that, subject to regulation 7(17), a person shall be treated
as occupying a dwelling house as his home while he is
temporarily absent within Northern Ireland if (a) he
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2 cases
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JR295's Application (Leave stage)
...jurisprudence for a potential, rather than an actual, victim to enjoy the status required by section 7. [61] In Re Taylor’s Application [2022] NICA 21, the Court of Appeal recently reviewed the caselaw in relation to victim status, and, in particular, the concept of the potential victim. Mc......
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HM v Secretary of State for Work and Pensions (BB); MK v Secretary of State for Work and Pensions (BB)
...GmbH v Austria and others [2006] 21 BHRC 640. The Court of Appeal in Northern Ireland in Taylor v Department for Communities and others [2022] NICA 21, recently provided guidance in relation to Senator Lines which I find “[19] In Senator Lines GMBH v Austria and Others [2006] 21 BHRC 640 th......