‘Almost all of the 200 “fit for work“ test appeals undertaken by a student volunteer project have been won, providing more evidence of the unreliability of the government’s controversial work capability assessment (WCA).’
Full story
The Guardian, 2nd September 2015
Source: www.guardian.co.uk
‘A council has admitted wrongly using the Working Time Regulations to refuse the direct payments they assessed a young man as needing, following an investigation by the Local Government Ombudsman.’
Local Government Lawyer, 6th August 2015
Source: www.localgovernmentlawyer.co.uk
‘In 2009, the Claimant had been in the army and his role was as a HGV driver. He had been taking part in a field exercise in freezing weather and snow for six days having been provided with unsatisfactory footwear. The Claimant suffered a non-freezing cold injury to his feet. Despite treatment he still suffered symptoms in cold weather but was assessed as fit for service. The Claimant obtained an early termination of military service in 2011 because of family commitments. Due to the ongoing symptoms in his feet he issued a claim for damages against the MOD. Liability was agreed at 75% but the parties could not agree quantum.’
Zenith PI Blog, 31st July 2015
Source: www.zenithpi.wordpress.com
‘The safety net to ensure that vulnerable claimants are provided with legal aid and access to justice does not work, the high court has ruled.’
The Guardian, 15th July 2015
Source: www.guardian.co.uk
‘In determining the ordinary residence of an adult, who lacked mental capacity to choose where to live, it was incorrect to apply a test that by reason of such incapacity he was in the same position as a small child and that his ordinary residence was that of his parents because that was his base.’
WLR Daily, 8th July 2015
Source: www.iclr.co.uk
Mathieson v Secretary of State for Work and Pensions: [2015] UKSC 47; [2015] WLR (D) 296
‘The Secretary of State for Work and Pensions violated the Convention rights of a severely disabled child when he suspended payment to him of disability living allowance once he had been an in-patient in an NHS hospital for more than 84 weeks.’
WLR Daily, 8th July 2015
Source: www.iclr.co.uk
‘The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.’
Local Government Lawyer, 9th July 2015
Source: www.localgovernmentlawyer.co.uk
‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’
Zenith PI Blog, 26th June 2015
Source: www.zenithpi.wordpress.com
‘Court hears Ian Salter-Bromley, 55, stuck a sucker dart on his forehead and filled his mouth with dominoes before shouting: ‘Exterminate! Exterminate!”
Full story
Daily Telegraph, 23rd June 2015
Source: www.telegraph.co.uk
‘In an unusual judgment, the Court of Appeal has ruled that streamlined procedures introduced by the Court of Protection must not prevent people who lack capacity from participating in or having legal representation at hearings affecting their liberty.’
Law Society’s Gazette, 16th June 2015
Source: www.lawgazette.co.uk
‘The family of a man said to be in a state of “low awareness” after sustaining a brain injury have launched a legal fight to prevent a health trust from halting treatment that is keeping him alive. The patient, in his 40s, is being treated in a hospital intensive care unit. Specialist doctors say it is very unlikely that he will regain any level of consciousness.’
The Guardian, 11th June 2015
Source: www.guardian.co.uk
‘A 12-year-old boy has been awarded £120,000 by a court that agreed he had been left severely disabled by narcolepsy triggered by the swine flu vaccine, following a three-year battle in which the government had claimed that his illness was not serious enough to merit payment.’
The Guardian, 10th June 2015
Source: www.guardian.co.uk
‘A delay in paying welfare benefits to two disabled people was “unlawful”, the High Court has ruled.’
BBC News, 5th June 2015
Source: www.bbc.co.uk
‘The High Court is expected to rule later on whether the government took too long to process benefit claims by two disabled people.’
BBC News, 5th June 2015
Source: www.bbc.co.uk
‘Welsh people left disabled by the thalidomide drug scandal are being backed in their fight for compensation by Plaid Cymru MEP Jill Evans.’
BBC News, 31st May 2015
Source: www.bbc.co.uk
‘A woman who was left housebound following the amputation of both legs has received £27,000 in compensation after watchdogs found financial support was withheld due to an administrative battle between a council and the NHS.’
The Independent, 28th May 2015
Source: www.independent.co.uk
‘Victims of disability hate crimes are being failed by police, prosecutors and the probation service, according to a report by inspectors.’
The Guardian, 21st May 2015
Source: www.guardian.co.uk
‘Delays in processing disability benefits claims were unacceptable but not illegal, the Department for Work and Pensions has told the High Court.’
BBC News, 15th May 2015
Source: www.bbc.co.uk
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