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Worker Registration Scheme unlawful for last two years of accession period
It would be unlawful both because it would delay the appeal for no good reason and also arguably because a stay where an issue of a basic means tested benefit and EU law rights is at issue is unlawful given the need for EU law to efficacious etc. (in fact there is an argument that section 26 being used in EU law cases is unlawful and tribunal should disapply section 26 given the need for interim remedies etc.
Sorry for resurrecting the thread.
Has anyone had any experience or success with arguing this?
From casetracker it appears that we will have to wait until Feb 2017 for the outcome of this.
http://casetracker.justice.gov.uk/listing_calendar/getDetail.do?case_id=20151796
It would be unlawful both because it would delay the appeal for no good reason and also arguably because a stay where an issue of a basic means tested benefit and EU law rights is at issue is unlawful given the need for EU law to efficacious etc. (in fact there is an argument that section 26 being used in EU law cases is unlawful and tribunal should disapply section 26 given the need for interim remedies etc.
Sorry for resurrecting the thread.
Has anyone had any experience or success with arguing this?
Perhaps it is best to get in touch with Tom Royston at Garden Court North Chambers if you have a case- it might be that the best way forward is to argue at FtT that s.26 does not apply. Get a judgment in favour and then JR any attempt by SSWP to impose a suspension of FtT decision.
Tom might have some thoughts on how to put the s.26 should not be used argument.
Martin.
Hearing Vacated for 7th or 8th February 2017 and this was updated as of 3rd February 2017.
http://casetracker.justice.gov.uk/listing_calendar/getDetail.do?case_id=20151796
Case Tracker for Civil Appeals
Summary Case Details for 20151796
Case Reference: C3/2015/1796
Title: Gubeladze v The Secretary of State for Work and Pensions
Type: Appeal
Appeal / Application:
from the order of The Upper Tribunal (Administrative Appeals Chamber)
Upper Tribunal (Administrative Appeals Chamber) dated 30-Jan-15
Hearing Status: Hearing Vacated - estimated length (in hours): 10:00
Venue: London
Constitution:
Not assigned
Not assigned
Not assigned
Case results:
Track Your Case:
Current Status: Awaiting a hearing - see Hearing Status
Tracking Information:
22-Oct-15: Case passed to List Office
22-Oct-15: Letter sent to applicant/solicitor to request bundles and/or documents
05-Oct-15: Application allowed on paper by Lord/Lady Justice
29-Sep-15: Application referred to Lord/Lady Justice
21-Jul-15: Bundle corrections were approved
09-Jul-15: Letter sent to applicant/solicitor requesting correction of bundles
Last Updated: 03-Feb-17
Date now set for 20th June 2017!
Case
Reference: C3/2015/1796
Title: Gubeladze v The Secretary of State for Work and Pensions
Type: Appeal
Appeal / Application:
from the order of The Upper Tribunal (Administrative Appeals Chamber)
Upper Tribunal (Administrative Appeals Chamber) dated 30-Jan-15
Hearing Status: Fixed on 20-Jun-17 - estimated length (in hours): 10:00
Venue: London
Constitution:
Not assigned
Not assigned
Not assigned
Case results:
Track Your Case:
Current Status: Awaiting a hearing - see Hearing Status
Tracking Information:
22-Oct-15: Case passed to List Office
22-Oct-15: Letter sent to applicant/solicitor to request bundles and/or documents
05-Oct-15: Application allowed on paper by Lord/Lady Justice
29-Sep-15: Application referred to Lord/Lady Justice
21-Jul-15: Bundle corrections were approved
09-Jul-15: Letter sent to applicant/solicitor requesting correction of bundles
Last Updated: 06-Mar-17
Date now set for 20th June 2017!
My birthday! (hint)
Hearing now 18th October 2017…..............
Reference: C3/2015/1796
Title: Gubeladze v The Secretary of State for Work and Pensions
Type: Appeal
Appeal / Application:
from the order of The Upper Tribunal (Administrative Appeals Chamber)
Upper Tribunal (Administrative Appeals Chamber) dated 30-Jan-15
Hearing Status: Fixed on 18-Oct-17 - estimated length (in hours): 10:00
Venue: London
Constitution:
Not assigned
Not assigned
Not assigned
Case results:
Track Your Case:
Current Status: Awaiting a hearing - see Hearing Status
Tracking Information:
22-Oct-15: Case passed to List Office
22-Oct-15: Letter sent to applicant/solicitor to request bundles and/or documents
05-Oct-15: Application allowed on paper by Lord/Lady Justice
29-Sep-15: Application referred to Lord/Lady Justice
21-Jul-15: Bundle corrections were approved
09-Jul-15: Letter sent to applicant/solicitor requesting correction of bundles
A
Case Tracker for Civil Appeals
Summary Case Details for 20151796
Case
Reference: C3/2015/1796
Title: Gubeladze v The Secretary of State for Work and Pensions
Type: Appeal
Appeal / Application:
from the order of The Upper Tribunal (Administrative Appeals Chamber)
Upper Tribunal (Administrative Appeals Chamber) dated 30-Jan-15
Hearing Status: Fixed on 18-Oct-17 - estimated length (in hours): 10:00
Venue: London
Constitution:
LORD JUSTICE RUPERT JACKSON
LORD JUSTICE LINDBLOM
LADY JUSTICE THIRLWALL
Case results:
Track Your Case:
Current Status: Awaiting a hearing - see Hearing Status
Tracking Information:
22-Oct-15: Case passed to List Office
22-Oct-15: Letter sent to applicant/solicitor to request bundles and/or documents
05-Oct-15: Application allowed on paper by Lord/Lady Justice
29-Sep-15: Application referred to Lord/Lady Justice
21-Jul-15: Bundle corrections were approved
09-Jul-15: Letter sent to applicant/solicitor requesting correction of bundles
Last Updated: 06-Oct-17
Judgement has been reserved, so the wait continues!!
Secretary of State has lost his appeal - extension to worker registration scheme unlawful unless appeal to Supreme Court - thanks to Tom Royston at Garden Court North for alerting us to it - Garden Court North summary and judgment
[ Edited: 7 Nov 2017 at 04:23 pm by Daphne ]Anybody know if there is to be another appeal on this one?
Looks like they are appealing to Supreme Court as I have had a supplementary submission from DWP for a case that had been sisted pending TG case and they have asked for this to continue as they state SSWP has lodged application for permission to appeal to Supreme Court