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England and Wales High Court (Administrative Court) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Hill, R (on the application of) v Social Security Commissioner [2008] EWHC 1546 (Admin) (23 April 2008) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2008/1546.html Cite as: [2008] EWHC 1546 (Admin) |
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
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B e f o r e :
____________________
THE QUEEN ON THE APPLICATION OF HILL | Claimant | |
v | ||
SOCIAL SECURITY COMMISSIONER | Defendant |
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WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
Mr P Greatorex appeared on behalf of the Defendant
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Crown Copyright ©
"Mr Hill and Mr Torpey [another appellant] confirmed that there was no challenge that in making the decision under the appeal the Secretary of State had made a mistake about any circumstances or dates or amounts or other facts or that the law as it stands had not been properly applied. There was no assertion that the pension payments which Mr Hill received from his Occupational Ill Health Early Retirement pension were not pension payments within the definition of the relevant section and there was no challenge to the accuracy of the calculation. He confirmed that the decision made on 20 June 2006 was correct in accordance with the law as it stands. His real contention was that the law as it stands is wrong in that it is unfair and that it is in breach of human rights."
"The claimant may be in difficulty by virtue of being out of time in challenging a relevant decision and, in any event, this may be the wrong route to challenge - as the claimant wishes to do - the law as it stands. However if he may have a case and if the resolution of that case involves or requires or can only result in a declaration of incompatibility, a judge of the Administrative Court could make such a declaration whilst a tribunal has no jurisdiction to do so. I am accordingly giving the claimant the opportunity of presenting to the Administrative Court that he has an arguable such case. However the claimant and Mr Torpey are vehemently recommended to obtain the services of counsel no doubt through the good offices of Mr Torpey's trade union, for the purposes of -
(1) reconsidering, condensing and directing the diffuse grounds of claim presently set out in the claim form. The claimant is ordered to serve and lodge prior to the hearing a concise statement of the relief he seeks."
(Videolink contact broken at this point. Court waited until contact was re-established)
"The claimant may be in difficulty by virtue of being out of time in challenging a relevant decision and, in any event, this may be the wrong route to challenge - as the claimant wishes to do - the law as it stands. However if he may have a case and if the resolution of that case involves or requires or can only result in a declaration of incompatibility, a judge of the Administrative Court could make such a declaration whilst a tribunal has no jurisdiction to do so. I am accordingly giving the claimant the opportunity of presenting to the Administrative court that he has an arguable such case. However the claimant and Mr Torpey are vehemently recommended to obtain the services of counsel no doubt through the good offices of Mr Torpey's trade union for the purpose of -
(1) reconsidering, condensing and directing the diffuse grounds of claim presently set out in the claim form. The claimant is ordered to serve and lodge prior to the hearing a concise statement of the relief he seeks;
(2) presenting the claimant's case orally at the hearing."