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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Secretary of State for Work And Pensions v Eveleigh & Ors (Rev1) [2023] EWCA Civ 810 (11 July 2023) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2023/810.html Cite as: [2023] WLR(D) 301, [2023] EWCA Civ 810, (2023) 26 CCL Rep 541, [2023] 1 WLR 3599, [2023] WLR 3599 |
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ON APPEAL FROM THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION (ADMINISTRATIVE COURT AND PLANNING COURT)
Mr Justice Griffiths
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE BEAN
and
LADY JUSTICE ELISABETH LAING
____________________
SECRETARY OF STATE FOR WORK AND PENSIONS |
Appellant |
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- and – |
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EVELEIGH AND OTHERS (FORMERLY BINDER AND OTHERS) |
Respondents |
____________________
Jenni Richards KC, Stephen Broach and Katherine Barnes (instructed by Bindmans LLP) for the Respondents
Hearing date: 28 June 2023
____________________
Crown Copyright ©
Lady Justice Elisabeth Laing:
Introduction
The general principles and the authorities
Gunning
Coughlan
Moseley
The judgment
The issue
The facts
The Judge's reasoning
The Judge's order
The Judge's refusal of permission to appeal
The grant of permission to appeal
The submissions
Discussion
Ground 1
Ground 2
Conclusion
Lord Justice Bean
Lady Justice Macur