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Judge Agnew ''planning and following journeys''

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9 years 5 months ago #147524 by Just me098
Does anyone know of any cases or are there any members present who have successfully argued for the Judge Agnew definitions and had the tribunal agreein regards to Mental health etc??

Thanks

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9 years 5 months ago #147526 by Gordon

JuSt me098 wrote: Does anyone know of any cases or are there any members present who have successfully argued for the Judge Agnew definitions and had the tribunal agreein regards to Mental health etc??

Thanks


We don't always get members reporting back, I'm aware of one member who successfully appealed using the arguments in the appeal section but before the two Judgements were made, at least one member has successfully appealed using them since.

Remember the Case Law is an aide not a solution in itself, you must still show that you meet the criteria before arguing that Judge Agnew applies.

There has been a third Judgement that muddies the water even further. See

www.osscsc.gov.uk/Aspx/view.aspx?id=4743

We're still looking at whether it changes our advice.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
9 years 4 months ago - 9 years 4 months ago #147628 by bro58
Hi,

Yes,

In the recent UTT ruling : 2015 UKUT 694 AAC , Judge Ward has come down in favour of Jacobs rather than Agnew, as covered : Here.

bro58
Last edit: 9 years 4 months ago by bro58.

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