Knowledge (XXG)

Carson & Another v Secretary of State for Work and Pensions

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754:"I have already said I am not prepared to defend the logic of the present situation. It is illogical. There is no consistent pattern. It does not matter whether it is in the Commonwealth or outside it. We have arrangements with some Commonwealth countries and not with others. Indeed, there are differences among Caribbean countries. This is an historical issue and the situation has existed for years. It would cost some £300 million to change the policy for all concerned ...". Lord Justice Laws concluded that the UK Government would not need to create new bilateral agreements in order to uprate the State Pension universally. However, giving the "annual uprating", or taking it away is entirely a rightful decision by the UK Government. Based on literature produced by the 356: 779:
persons entitled to pensions who remain in the country of payment compared with those who emigrate is justified on the grounds that the applicant will only lose the benefit of future increases in the pension, whose purpose broadly speaking is to compensate for rises in the cost of living in the United Kingdom and which the applicant will not have to endure (Dec. No. 9776/82, loc. cit.). The Commission also considers that the economic state of third countries is not a matter which domestic pension authorities should be obliged to consider.
34: 298:. Carson claimed that under Article 1 her state pension, or alternatively its uprating, are "pecuniary rights", and therefore “possessions” within the meaning of Article 1 of the First Protocol and Article 14. In her original case, Justice Burnton had found in favour of the UK Government, citing that the judiciary should not override legislative UK government policy. 1000: 19: 310:. Reynolds was paid the lesser of the two amounts and therefore was taking civil action against the UK Government saying that the UK Government's action was incompatible with Article 1 of the First Protocol to the convention; and under Article 14 of the convention she claimed she was being discriminated against because of her age; and under 736:
Zealand (1956) and Canada (1959), they did not include the uprating of the UK state pension. Australia cancelled its agreement with the UK in 2001 because the UK Government would not uprate the State Pension for those UK pensioners who had emigrated to Australia. This was not an issue when the UK joined the
703:
beyond the powers of this Regulation in violation of Article 14 read in conjunction with Article 1P because it discriminated against Carson on grounds of her "place of residence" without any "objective and reasonable justification". The Regulation also constituted a violation of Article 1P taken on its own.
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The UK only uprates the state pension where there is a legal liability to do so - this includes all UK pensioners living in the UK, the EEA, and a number of other countries where there are bilateral social security agreements in place, Whilst there are bilateral agreements with Australia (1953), New
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The UK Government claimed that, in the original hearing, Justice Burnton should have dismissed the case from the beginning, since there was certain evidence that should not have been introduced in regard to Article 1: "a signatory State is only obliged to secure the Convention rights for the benefit
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Reynolds could not return to work so instead of receiving the Job Seeker's Allowance she received Income Support which continued to be paid to her. She was under 25 at the time and lived in social housing. She received £41.35 a week and if she was over 25 she would have received £52.20 per week. The
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Contributions. On 24 October 2000 she applied for Jobseeker's Allowance and it was paid with effect from that date. There are two different types of Jobseeker's Allowance - “JSA(C)” which is based on National Insurance Contributions paid over a prescribed minimum period and is not means-tested - the
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Looking at Article 14 on its own, Carson was asked if they could find a similar cohort of pensioners to her where they were given the annual uprating and thereby showing that she was being discriminated against. Carson identified two such groups: - namely, pensioners, who like Carson lived abroad,
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Carson contended that Regulation 3 of the Social Security Benefits Uprating Regulation was "repugnant" to Article 14 of the Convention in conjunction with Article 1P because it discriminated against her based on the fact that she had relocated to South Africa for work purposes. In addition, it was
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The UK Government stated that it would cost at least a £100 million to uprate the state pension universally, that this would have to come out of general taxation, and would deprive pensioners living in the UK from future increases because there would be no funds available which the court accepted.
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Successive Governments have taken the view that the level of increases in retirement pensions relates to conditions in the UK and that it would not be right to impose an additional burden on contributors and taxpayers in the UK in order to pay pension increases to people who have chosen to become
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With regard to Article 14 read with Article 8, Lord Justice Laws believed that no argument could be made to support Reynolds' claim when taking these two Articles together. The next question he considered was whether Income Support was a "possession" with regard to Article 1P for the purpose of
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The Commission has held that the 'freezing' of a pension at a particular level when a person leaves the United Kingdom does not amount to a deprivation of possessions infringing Article 1 of the Protocol. (Dec. No. 9776/82, 10.83 to be published in D.R. 34). Moreover, the different treatment of
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The UK Government argued that Article 1P only applies to a person's existing possessions, and that it does not include the right to "acquire" possessions at a future date. In addition they also contended, that the amount of the benefit "cannot constitute an interference with the right given by
788:
Reynolds had been given leave to appeal on a limited basis. There were no grounds to support her case regarding Articles 3, 8 or Article 1P, but taking Article 14 with Article 1P, she may have a supportable case for arbitrary discrimination. . Justice Laws determined that "income support" did
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Lord Justice Laws concluded that Article 1P on its own, had not been violated. , and in his opinion the most important aspect was whether Article 14 read with Article 1P was violated. He concluded, based on the facts of the case, that he could not see how any exercise of Article 1P right was
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resident elsewhere in the world....motions to pay the annual uprating to Carson (and others in her position) were submitted to both Houses of Parliament in June and July 1995 during the passage of the Pensions Bill, which called for uprating to be paid. All were defeated by large majorities.
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In some circumstances it will be appropriate for the courts to recognize that there is an area of judgment within which the judiciary will defer, on democratic grounds, to the considered opinion of the elected body or person whose act or decision is said to be incompatible with the
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Lord Justice Laws then determined that there had been a violation of Article 14 taken with Article 1P but only as far as the Job Seekers Allowance" was concerned. With respect to "income support", there was no violation.
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Lord Justice Laws then considered Article 14 read with Article 1 of the First Protocol, with regard to Carson's "place of residence", and in that aspect, he was not convinced that there was any discrimination at all.
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If Carson was not discriminated based on her "place of residence" and Reynolds was not discriminated against based on her age, was there an objective and reasonable justification for such discrimination?
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UK Government said that 18- to 24-year-olds earn less and mostly do not live independently. They should be discouraged from living independently and there is welfare support for this group in other ways.
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Lord Justice Laws dismissed Reynold's appeal because "in my view, the Secretary of State has demonstrated a perfectly reasonable justification for the differential payments of Job Seeker's Allowance."
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case on "right to property" under Article 1 of the First Protocol (Protection of Property) and Article 14 of the convention (Prohibition of Discrimination). In Reynolds's case, there was also
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Reynolds was born on 9 November 1976. When she left school she began work and continued to work until she was made redundant on 12 October 2000. Whilst she was working she paid
315: 311: 251: 605: 270:(ECHR) and that she and many others were being discriminated against. She had found that the annual increase to the UK State Pension is payable in countries like the UK, the 826:
Lord Justice Rix agreed with Lord Justice Laws, in dismissing both appeals, as did Lord Justice Brown, and leave was not given to appeal to the House of Lords refused.
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EWCA Civ 797 was heard in the Court of Appeal (Civil Division) in the Supreme Court on 17 June 2003 before Lord Justice Brown, Lord Justice Laws, and Lord Justice Rix.
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since bilateral agreements were in place for all of the EEC countries except Denmark. These bilateral agreements did facilitate the uprating of the UK State Pension.
464: 553: 136: 1030: 1024: 758:, Carson had no right to expect her State Pension to be uprated, given her decision to relocate to South Africa for work purposes. Lord Justice Laws referred to 755: 723:
but in countries where the annual uprating was being paid, and pensioners living in the UK, all of whom are paid the annual uprating to their UK state pension.
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of persons residing within its territorial jurisdiction". However, Justice Burnton had stated that Article 1 did not operate so as to bar Carson's claim.
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Lord Justice Laws then considered Article 14 read with Article 1 of the First Protocol, with regard to Reynolds's claim of age discrimination
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In Lord Justice Law's opinion with both of the appeals, the most important aspect was whether Article 14 read with Article 1P was violated.
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R (Carson) v Secretary of State for Work and Pensions and R (Carson & Reynolds) v Secretary of State for Work and Pensions
1495: 1273:"COURT (PLENARY) CASE OF ABDULAZIZ, CABALES AND BALKANDALI v. THE UNITED KINGDOM (Application no. 9214/80; 9473/81; 9474/81)" 575: 474: 319: 190: 815:
Article1P, rather it merely defines the property right". This position has been consistently supported by the courts in the
1535: 1515: 1146: 469: 447: 228:, from the Administration Court of the Queen's Bench Division of the High Court of Justice in England and Wales before 737: 670: 339: 220:, from the Administration Court of the Queens Bench Division of the High Court of Justice in England and Wales before 116: 1291:"CASE "RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS)" 314:(respect for her private life and her home); and finally her right not to be subjected to degrading treatment under 630: 610: 266:
to pay the annual inflationary increase to the UK State Pension in some countries but not others contravened the
1164: 1132:
Reynolds, R (on the application of) v Secretary of State for Work and Pensions [2002] EWHC 426 (Admin)
180: 104: 1345:"Wallbank & Anor v Parochial Church Council Of Aston Cantlow & Wilmcote With Billesley, Warwickshire" 1200: 279: 491: 271: 743:
Lord Justice Laws conceded that the current situation was "haphazard", quoting statements made by the UK
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However, Carson contended that "cost should not constitute a legitimate justification".
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Two separate High Court cases were brought together for the purposes of this appeal:
1453:"Director of Public Prosecutions, Ex Parte Kebeline (aks Kebilene) and Others, R v." 1452: 1416: 1362: 1326: 1308: 1254: 1236: 793:
Article 14. , and he concluded that Article 1P on its own, had not been violated.
295: 1434: 1290: 1272: 1218: 1417:"ProLife Alliance, R (on the application of) v. British Broadcasting Corporation" 747: 548: 347: 291: 144: 647: 283: 829:
On 17 July 2003, Carson was given leave to appeal to the House of Lords.
920:
R. (Alconbury Developments Ltd) v Secretary of State for the Environment
1476:
Article 1 of Protocol No. 1 of the European Convention on Human Rights
287: 1006:
R (Carson & Reynolds) v Secretary of State for Work and Pensions
1399:"Antonio Mendoza v AHMad Raja Ghaidan [2002] EWCA Civ 1533" 1013:
R (Carson) v Secretary of State for Work and Pensions & Another
774:(Application No. 11271/84, decision of 17 May 1985, unpublished): 217:
R (Carson) v Secretary of State for Work and Pensions & Another
1237:"CASE OF CHAPMAN v. THE UNITED KINGDOM (Application no. 27238/95)" 254:– the right to respect for "private and family life" to consider. 1183:"Countries where we pay an annual increase in the State Pension" 1147:"Protocol 1 Article 1 - Right to peaceful enjoyment of property" 770:
Lord Justice Laws dismissed Carson's appeal, and he quoted from
1327:"Alconbury [2001] UKHL 23; [2001] 2 All ER 929" 789:
constitute a "possession" as far as Article 1P was concerned.
208:
Carson & Another v Secretary of State for Work and Pensions
27:
Carson & Another v Secretary of State for Work and Pensions
1045: 278:, for example), whilst not being payable in predominantly 226:
R (Reynolds) v Secretary of State for Work and Pensions
944:
Human Rights: The 1998 Act and the European Convention
1486:
Article 14 of the European Convention on Human Rights
1219:"CASE OF MARCKX v. BELGIUM (Application no. 6833/74)" 1019:
R (Carson) v Secretary of State for Work and Pensions
1002:
R (Carson) v Secretary of State for Work and Pensions
870:(October 1997: Applications 27004/95 and 27011/95); 1481:
Article 8 of the European Convention on Human Rights
1363:"CASE OF STUBBINGS AND OTHERS v. THE UNITED KINGDOM" 158: 150: 132: 127: 112: 95: 90: 75: 57: 43: 26: 1435:"JAMES AND OTHERS v THE UNITED KINGDOM - 8793/79" 1255:"CASE OF PETROVIC v. AUSTRIA (156/1996/775/976)" 1201:"Carson given Leave of Appeal to House of Lords" 776: 752: 728: 726:The UK Government's position had always been: 274:(EEA) and a number of disparate countries (the 1031:Carson and Others v. The United Kingdom (2010) 1025:Carson and Others v. The United Kingdom (2008) 1491:International Labour Organization conventions 678: 8: 177:Right to respect for private and family life 154:All three Judges concurred with the decision 1309:"CASE OF BOTTA v. ITALY (153/1996/772/973)" 1107: 1105: 1103: 1101: 1099: 1097: 1095: 1093: 1091: 1089: 1087: 1085: 1083: 1081: 934:(Applications Nos 27004/95 and 27011/95); 878:(December 1997: Application No 27537/95); 715:involved such as might engage Article 14. 1079: 1077: 1075: 1073: 1071: 1069: 1067: 1065: 1063: 1061: 685: 671: 383:His Majesty's Courts and Tribunals Service 333: 32: 23: 262:Carson contended that the failure of the 62:Carson and Reynolds (Claimants) and The 1057: 940:Michalak v London Borough of Wandsworth 938:1 EHRR 578, 590 – 591 (paragraph 38); 874:(June 2002: Application No 36042/97); 346: 581:Justice of the peace / lay magistrates 306:other “JSA(IB)” is income-based and a 835:3 All ER 577, HRLR 36, EWCA Civ 797 7: 337:This article is part of the series: 235:The two litigants in this case were 906:(1998) 26 EHRR 241, paragraph 34; 510:Supreme Court of the United Kingdom 406:Supreme Court of the United Kingdom 268:European Convention on Human Rights 1165:"Article 14 - Anti-Discrimination" 914:(2000: Application No 40302/98); 910:(2000: Application No 33916/91); 898:(1985) 7 EHRR 471, paragraph 67; 318:(the prohibition of torture, and " 222:The Honourable Mr. Justice Burnton 14: 1171:. 1 Crown Office Row barristers'. 1153:. 1 Crown Office Row barristers'. 926:(2000) Application No 43440/98; 918:(2000: Application No 4851/99); 886:(1987) Application No 12639/87; 123:- Opinions of the Lords of Appeal 1511:United Kingdom equality case law 1381:"Nasser v United Bank Of Kuwait" 1187:Department for Work and Pensions 928:Wessels-Bergervoet v Netherlands 643:Law Society of England and Wales 443:President of the Family Division 354: 68:Department for Work and Pensions 1526:2003 in United Kingdom case law 1521:2002 in United Kingdom case law 1501:1998 in United Kingdom case law 958:EWCA Civ 556 at , 1 AER 401; 606:Director of Public Prosecutions 1531:Pensions in the United Kingdom 1506:United Kingdom labour case law 956:Nasser v United Bank of Kuwait 888:Anderson and Kullmann v Sweden 320:inhuman or degrading treatment 1: 1021:– House of Lords appeal, 2005 930:(Application No 34462/97)); 537:President of the King's Bench 438:President of the King's Bench 173:Prohibition of discrimination 470:County Court Business Centre 448:Chancellor of the High Court 942:1 WLR 617 (paragraph 20); 894:33 EHRR 14, paragraph 26; 862:(Application No 11271/84; 858:(Application No 9776/82); 854:(Application No 7459/76); 465:List of County Court venues 340:Courts of England and Wales 1552: 1015:– High Court hearing, 2002 954:(1996) 23 EHRR 213, 238; 952:Stubbings v United Kingdom 932:Szrabjer & Clarke v UK 900:Belgian Linguistics (No 2) 554:List of Crown Court venues 17: 902:(1968) 1 EHRR 252, 283; 611:Crown Prosecution Service 163: 31: 948:Aston Cantlow v Wallbank 936:Belgian Police v Belgium 896:Abdulaziz & ors v UK 868:Szrabjer and Clarke v UK 348:Law of England and Wales 137:Lord Justice Simon Brown 50:(Civil Division) in the 1135:. BAILII. 7 March 2002. 984:R v DPP, ex p. Kebilene 976:Sporrong & Lonnroth 772:Corner v United Kingdom 760:R v DPP, ex p. Kebilene 400:Civil and family courts 79:June 17, 2003 1205:House of Lords Hansard 908:Walden v Liechtenstein 781: 768: 733: 280:Commonwealth countries 272:European Economic Area 105:Queen's Bench Division 1496:Human rights case law 866:(1996) 23 EHRR 364; 750:on 13 November 2000: 532:High Court of Justice 525:Court of Appeal judge 433:High Court of Justice 426:Court of Appeal judge 312:Article 8 of the ECHR 248:Human Rights Act 1998 239:and Joanne Reynolds. 181:Jobseeker's Allowance 101:High Court of Justice 1536:Frozen state pension 1516:House of Lords cases 1169:UK Human Rights Blog 1151:UK Human Rights Blog 982:(1986) 8 EHRR 123; 882:(2001) 33 EHRR 18; 595:Criminal prosecution 308:Means-tested benefit 196:Frozen State Pension 108:Administrative Court 1441:. 21 February 1986. 1315:. 24 February 1998. 1046:Official Transcript 1033:– ECHR appeal, 2010 1027:– ECHR appeal, 2008 978:(1982) 5 EHRR 35; 807:Carson and Reynolds 571:Magistrates' courts 487:Court of Protection 421:Master of the Rolls 371:Ministry of Justice 1458:. 28 October 1999. 1405:. 5 November 2002. 1369:. 22 October 1996. 1243:. 18 January 2001. 924:Jankovic v Croatia 892:Petrovic v Austria 864:Gaygusuz v Austria 653:Solicitor advocate 520:Lord Chief Justice 303:National Insurance 230:Mr. Justice Wilson 64:Secretary of State 850:(1975) 3 DR 25; 745:Minister of State 695: 694: 492:Court of Chivalry 322:or punishment"). 316:Article 3 of ECHR 204: 203: 168:Right to property 141:Lord Justice Laws 1543: 1460: 1459: 1449: 1443: 1442: 1431: 1425: 1424: 1423:. 10 April 2003. 1413: 1407: 1406: 1395: 1389: 1388: 1387:. 11 April 2001. 1377: 1371: 1370: 1359: 1353: 1352: 1341: 1335: 1334: 1323: 1317: 1316: 1305: 1299: 1298: 1287: 1281: 1280: 1269: 1263: 1262: 1261:. 27 March 1998. 1251: 1245: 1244: 1233: 1227: 1226: 1215: 1209: 1208: 1197: 1191: 1190: 1179: 1173: 1172: 1161: 1155: 1154: 1143: 1137: 1136: 1127: 1121: 1120: 1109: 970:EWCA Civ 1533; 844:Marckx v Belgium 687: 680: 673: 625:Legal profession 601:Attorney General 542:High Court judge 453:High Court judge 358: 357: 334: 242:This case was a 145:Lord Justice Rix 86: 84: 38:UK Supreme Court 36: 24: 1551: 1550: 1546: 1545: 1544: 1542: 1541: 1540: 1466: 1465: 1464: 1463: 1451: 1450: 1446: 1433: 1432: 1428: 1415: 1414: 1410: 1397: 1396: 1392: 1379: 1378: 1374: 1361: 1360: 1356: 1343: 1342: 1338: 1325: 1324: 1320: 1307: 1306: 1302: 1297:. 23 July 1968. 1289: 1288: 1284: 1271: 1270: 1266: 1253: 1252: 1248: 1235: 1234: 1230: 1225:. 13 June 1979. 1217: 1216: 1212: 1207:. 17 July 2003. 1199: 1198: 1194: 1181: 1180: 1176: 1163: 1162: 1158: 1145: 1144: 1140: 1129: 1128: 1124: 1119:. 17 June 2003. 1111: 1110: 1059: 1054: 1042: 1009:– Case summary 992: 990:Further reading 841: 809: 786: 700: 691: 662: 661: 626: 618: 617: 596: 588: 587: 515:Court of Appeal 505: 504:Criminal courts 497: 496: 416:Court of Appeal 401: 393: 392: 388:Judges' Council 376:Lord Chancellor 366: 355: 332: 260: 200: 117:Lords of Appeal 107: 103: 82: 80: 48:Court of Appeal 39: 22: 12: 11: 5: 1549: 1547: 1539: 1538: 1533: 1528: 1523: 1518: 1513: 1508: 1503: 1498: 1493: 1488: 1483: 1478: 1468: 1467: 1462: 1461: 1444: 1426: 1408: 1390: 1372: 1354: 1351:. 17 May 2001. 1336: 1318: 1300: 1282: 1279:. 28 May 1995. 1264: 1246: 1228: 1210: 1192: 1189:. 9 June 2014. 1174: 1156: 1138: 1122: 1056: 1055: 1053: 1050: 1049: 1048: 1041: 1040:External links 1038: 1037: 1036: 1035: 1034: 1028: 1022: 1016: 998: 996:Annette Carson 991: 988: 962:13 EHRR 801; 856:JW and EW v UK 840: 837: 817:European Union 808: 805: 785: 782: 699: 696: 693: 692: 690: 689: 682: 675: 667: 664: 663: 660: 659: 658: 657: 656: 655: 640: 639: 638: 627: 624: 623: 620: 619: 616: 615: 614: 613: 603: 597: 594: 593: 590: 589: 586: 585: 584: 583: 578: 576:District judge 568: 567: 566: 561: 556: 546: 545: 544: 539: 529: 528: 527: 522: 512: 506: 503: 502: 499: 498: 495: 494: 489: 484: 479: 478: 477: 475:District judge 472: 467: 457: 456: 455: 450: 445: 440: 430: 429: 428: 423: 413: 408: 402: 399: 398: 395: 394: 391: 390: 385: 380: 379: 378: 367: 365:Administration 364: 363: 360: 359: 351: 350: 344: 343: 331: 328: 259: 256: 237:Annette Carson 202: 201: 199: 198: 193: 188: 186:Income Support 183: 178: 175: 170: 164: 161: 160: 156: 155: 152: 148: 147: 134: 130: 129: 125: 124: 121:House of Lords 114: 110: 109: 97: 93: 92: 88: 87: 77: 73: 72: 59: 58:Full case name 55: 54: 45: 41: 40: 37: 29: 28: 18:Main article: 13: 10: 9: 6: 4: 3: 2: 1548: 1537: 1534: 1532: 1529: 1527: 1524: 1522: 1519: 1517: 1514: 1512: 1509: 1507: 1504: 1502: 1499: 1497: 1494: 1492: 1489: 1487: 1484: 1482: 1479: 1477: 1474: 1473: 1471: 1457: 1454: 1448: 1445: 1440: 1436: 1430: 1427: 1422: 1418: 1412: 1409: 1404: 1400: 1394: 1391: 1386: 1382: 1376: 1373: 1368: 1364: 1358: 1355: 1350: 1346: 1340: 1337: 1333:. 9 May 2001. 1332: 1328: 1322: 1319: 1314: 1310: 1304: 1301: 1296: 1292: 1286: 1283: 1278: 1274: 1268: 1265: 1260: 1256: 1250: 1247: 1242: 1238: 1232: 1229: 1224: 1220: 1214: 1211: 1206: 1202: 1196: 1193: 1188: 1184: 1178: 1175: 1170: 1166: 1160: 1157: 1152: 1148: 1142: 1139: 1134: 1133: 1126: 1123: 1118: 1114: 1108: 1106: 1104: 1102: 1100: 1098: 1096: 1094: 1092: 1090: 1088: 1086: 1084: 1082: 1080: 1078: 1076: 1074: 1072: 1070: 1068: 1066: 1064: 1062: 1058: 1051: 1047: 1044: 1043: 1039: 1032: 1029: 1026: 1023: 1020: 1017: 1014: 1011: 1010: 1008: 1007: 1003: 999: 997: 994: 993: 989: 987: 985: 981: 977: 973: 969: 965: 961: 957: 953: 949: 945: 941: 937: 933: 929: 925: 922:2 WLR 1389; 921: 917: 916:Shackell v UK 913: 912:Matthews v UK 909: 905: 904:Botta v Italy 901: 897: 893: 889: 885: 881: 877: 873: 869: 865: 861: 857: 853: 849: 846:2 EHRR 330; 845: 838: 836: 834: 830: 827: 824: 820: 818: 812: 806: 804: 801: 797: 794: 790: 783: 780: 775: 773: 767: 763: 761: 757: 751: 749: 746: 741: 739: 732: 727: 724: 720: 716: 712: 708: 704: 697: 688: 683: 681: 676: 674: 669: 668: 666: 665: 654: 651: 650: 649: 646: 645: 644: 641: 637: 634: 633: 632: 629: 628: 622: 621: 612: 609: 608: 607: 604: 602: 599: 598: 592: 591: 582: 579: 577: 574: 573: 572: 569: 565: 562: 560: 559:Circuit judge 557: 555: 552: 551: 550: 547: 543: 540: 538: 535: 534: 533: 530: 526: 523: 521: 518: 517: 516: 513: 511: 508: 507: 501: 500: 493: 490: 488: 485: 483: 480: 476: 473: 471: 468: 466: 463: 462: 461: 458: 454: 451: 449: 446: 444: 441: 439: 436: 435: 434: 431: 427: 424: 422: 419: 418: 417: 414: 412: 411:Privy Council 409: 407: 404: 403: 397: 396: 389: 386: 384: 381: 377: 374: 373: 372: 369: 368: 362: 361: 353: 352: 349: 345: 342: 341: 336: 335: 329: 327: 323: 321: 317: 313: 309: 304: 299: 297: 293: 289: 285: 281: 277: 276:United States 273: 269: 265: 264:UK Government 257: 255: 253: 249: 245: 244:UK labour law 240: 238: 233: 231: 227: 223: 219: 218: 212: 210: 209: 197: 194: 192: 191:State Pension 189: 187: 184: 182: 179: 176: 174: 171: 169: 166: 165: 162: 157: 153: 149: 146: 142: 138: 135: 131: 128:Case opinions 126: 122: 118: 115: 111: 106: 102: 98: 96:Appealed from 94: 89: 78: 74: 71: 70:(Respondent) 69: 65: 60: 56: 53: 52:Supreme Court 49: 46: 42: 35: 30: 25: 21: 16: 1455: 1447: 1438: 1429: 1420: 1411: 1402: 1393: 1384: 1375: 1366: 1357: 1348: 1339: 1330: 1321: 1312: 1303: 1294: 1285: 1276: 1267: 1258: 1249: 1240: 1231: 1222: 1213: 1204: 1195: 1186: 1177: 1168: 1159: 1150: 1141: 1131: 1125: 1116: 1005: 1001: 983: 979: 975: 971: 967: 963: 959: 955: 951: 947: 943: 939: 935: 931: 927: 923: 919: 915: 911: 907: 903: 899: 895: 891: 890:46 DR 251; 887: 884:Vaughan v UK 883: 880:Chapman v UK 879: 875: 871: 867: 863: 859: 855: 851: 847: 843: 842: 832: 831: 828: 825: 821: 813: 810: 802: 798: 795: 791: 787: 777: 771: 769: 764: 759: 753: 742: 734: 729: 725: 721: 717: 713: 709: 705: 701: 482:Family Court 460:County Court 338: 324: 300: 296:South Africa 261: 241: 234: 225: 215: 213: 207: 206: 205: 91:Case history 61: 15: 876:Carlin v UK 872:Willis v UK 766:Convention. 748:Jeff Rooker 631:Bar Council 549:Crown Court 292:New Zealand 151:Concurrence 133:Decision by 113:Appealed to 1470:Categories 1052:References 986:2 AC 326; 980:James v UK 974:UKHL 23; 966:IRLR 53; 960:Moustaquim 258:Background 83:2003-06-17 964:Schaffter 946:(2000); 852:X v Italy 839:Citations 833:Cited as: 648:Solicitor 636:Barrister 284:Australia 252:Article 8 950:Ch 51; 784:Reynolds 564:Recorder 330:Judgment 282:such as 159:Keywords 1456:BAIL II 1439:BAIL II 1421:BAIL II 1403:BAIL II 1385:BAIL II 1367:BAIL II 1349:BAIL II 1331:BAIL II 1313:BAIL II 1295:BAIL II 1277:BAIL II 1259:BAIL II 1241:BAIL II 1223:BAIL II 1117:BAIL II 972:Prolife 968:Mendoza 119:in the 99:In the 81: ( 76:Decided 66:of the 1004:& 860:Corner 848:Muller 698:Carson 288:Canada 224:, and 143:, and 44:Court 294:and 246:and 819:. 762:. 756:DSS 738:EEC 1472:: 1437:. 1419:. 1401:. 1383:. 1365:. 1347:. 1329:. 1311:. 1293:. 1275:. 1257:. 1239:. 1221:. 1203:. 1185:. 1167:. 1149:. 1115:. 1060:^ 290:, 286:, 232:. 139:, 686:e 679:t 672:v 85:)

Index

R (Carson) v Secretary of State for Work and Pensions and R (Carson & Reynolds) v Secretary of State for Work and Pensions

Court of Appeal
Supreme Court
Secretary of State
Department for Work and Pensions
High Court of Justice
Queen's Bench Division
Lords of Appeal
House of Lords
Lord Justice Simon Brown
Lord Justice Laws
Lord Justice Rix
Right to property
Prohibition of discrimination
Jobseeker's Allowance
Income Support
State Pension
Frozen State Pension
R (Carson) v Secretary of State for Work and Pensions & Another
The Honourable Mr. Justice Burnton
Mr. Justice Wilson
Annette Carson
UK labour law
Human Rights Act 1998
Article 8
UK Government
European Convention on Human Rights
European Economic Area
United States

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