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Ashley v Chief Constable of Sussex: Leave to Appeal Granted

The House of Lords has granted the defendant leave to appeal from the decision in Ashley v Chief Constable of Sussex [2006] The Times August 30th [2006] EWCA Civ 1085. The appeal raises two questions: whether it is an abuse of process for a claimant to pursue a private law claim for assault and battery to seek a declaration when a defendant has agreed to pay...

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Secretary of State not entitled to withold arrears of benefit: Brown v Secretary of State for Work and Pensions

The Court of Appeal handed down judgment in Brown v Secretary of State for Work and Pensions on February 14th 2007. The appellant had been overpaid benefit which was held not to be recoverable under statute. There had been substantial delay in the making of a decision, during which the appellant's benefit had been suspended. The Secretary of State argued that the...

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