Has anyone heard of any movement with the Hooper case? TAS have jsut lifted the stay on one of my widowers, and I was wondering whether there's been a decision.

Answers on a postcard pleez, or just post 'em here

ta

it says at http://www.lawreports.co.uk/decisionresults.htm that leave was given by the Lords on 21 Jan 04 ... not heard anything since?

cheers!

Having now spoken to the clerk in question, it seems that a district chair in Brum has stated that "recent guidance" has advised that these appeals should be heard. It wasn't the same chair who stayed it in the first place (just in case you're reading this!)

I'd be grateful if anyone finding the same would post here, in case the guidance isn't acted on elsewhere. We might want to compare notes.

I've not thought about this yet, but knowing a little bit about the anti test case rules, unless we ask for it to be listed, shouldn't it stay stayed? Is there something I'm missing where the chair can ignore the test case rules and porceed with the appeal anyway??

A perusal of Rowland ensues methinks...

Oops, it's at the tribunal's discretion to hear the appeal, that'll serve me right for thinking out loud!

However, it must be in the appellant's interests to hear the appeal on the presumption that the test case went against them.

I can't really see, in this case how it would be in the appellants' interests to hear the appeals.

I'd appreciate opinions!

Hi Dan
Your case might have been listed due to the decision in CG/1467/2001. Commissioner Lloyd-Davies had previously stayed the hearing of that appeal, as it was thought that Hooper at the House of Lords was going to consider the issue of whether the legislation could be interpreted in a way compatible with HRA. However, the Commissioner now says he's been informed that the interpretation argument is not going to be challneged further in Hooper, so he re-listed the case for hearing. As the Court of Appeal in Hooper had said that the legislation could not be interpreted to make it compatible with HRA, the Commissioner is bound to follow it. He concludes by saying that "...the result is that before the Commissioner claims by widowers to widows benefit cannot succeed." The only remedies left now are therefore pursuing an ex-gratia claim on the same basis as Hooper, or appealing direct to the European courts. The cases currently at Europe are also being stayed pending the decision in Hooper so its all a bit of a merry go round!