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Thread: No 20 Uplift - Finally going to High Court

  1. #111
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    Quote Originally Posted by Swizzle View Post
    Hi again,so to put this in simple terms,the DWP are being made to show how they came to the decision not to uplift legacy benefits,they have 35 days to do this,then the judge can conclude his decision on the ruling,yes we get the backdated uplift,or we don't ? ! it's a long drawn out process isn't it !
    Does this mean we should know 35 working days from the 19th Nov?
    So 7th Jan ??

  2. #112
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    Quote Originally Posted by Julie View Post
    Does this mean we should know 35 working days from the 19th Nov?
    So 7th Jan ??
    No more like the 11th of January as bank holidays (3 of them to add into the mix) Then you have to add on the time the judge takes to read the info and then make his/her decision.

  3. #113
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    Quote Originally Posted by Julie View Post
    Does this mean we should know 35 working days from the 19th Nov?
    So 7th Jan ??
    i guess it's possible the DWP don't take up the whole 35 days to do what they've been asked,but i say Jan that it gets sorted,anything sooner will be a bonus or a shock,take your pick lol...i can't wait to hear the outcome on this!

  4. #114
    Why are people thinking an ICO ruling will have any bearing on a high court case that has already been heard?
    I am sure this was covered within the trial and if not and the judge wanted to know, the judge would have made an order for them to supply it in a lot less than 35 days.
    He won't have been sitting browsing recent ICO rulings and thought to himself, oh, thats cool, I'll wait and see if that becomes public, then base my decision on it, even though it wasn't used as evidence in court, therefore would be a perfectly valid ground for appeal for whichever side I rule against

  5. #115
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    Quote Originally Posted by atmywitsend View Post
    Why are people thinking an ICO ruling will have any bearing on a high court case that has already been heard?
    I am sure this was covered within the trial and if not and the judge wanted to know, the judge would have made an order for them to supply it in a lot less than 35 days.
    He won't have been sitting browsing recent ICO rulings and thought to himself, oh, thats cool, I'll wait and see if that becomes public, then base my decision on it, even though it wasn't used as evidence in court, therefore would be a perfectly valid ground for appeal for whichever side I rule against
    i get what you're saying,i have no idea what bearing the ICO will have on the case ? all i know/we know is that the ruling on the case hasn't happened as yet,and wondering if it will happen in December,or Jan..no one knows,but we'll just have to wait and see,sooner rather than later would be great

  6. #116
    Quote Originally Posted by Swizzle View Post
    i get what you're saying,i have no idea what bearing the ICO will have on the case ? all i know/we know is that the ruling on the case hasn't happened as yet,and wondering if it will happen in December,or Jan..no one knows,but we'll just have to wait and see,sooner rather than later would be great
    Unless one one of the barristers specifically requested the court wait to see what it says, then it will have no bearing on the case at all, and if that had happened, the case would have been adjourned until the information was available.
    I wasn't meaning you specifically, but the last few posts have all been surrounding an ICO decision that will have nothing to do with the case, and it just confuses matters for anyone looking at the thread.

  7. #117
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    Quote Originally Posted by atmywitsend View Post
    Unless one one of the barristers specifically requested the court wait to see what it says, then it will have no bearing on the case at all, and if that had happened, the case would have been adjourned until the information was available.
    I wasn't meaning you specifically, but the last few posts have all been surrounding an ICO decision that will have nothing to do with the case, and it just confuses matters for anyone looking at the thread.
    i know,it has been confusing.the time frame mentioned (decision likely after the bank holidays in jan) is what i have in my mind now after i read somewhere earlier the same thing.

  8. #118
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    "The wheels of justice grind slowly .."
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  9. #119
    Quote Originally Posted by nukecad View Post
    "The wheels of justice grind slowly .."
    It does at that. However, in a complex legal case like this, I would much rather the judge took his time and reviewed everything properly before making a decision, rather than ruling for the DWP 5 minutes after the case ended. At least taking time shows he is looking at it properly.

  10. #120
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    Let's imagine there was only 1 legacy benefit claimant. who was left out of the uplift. Rather than the 2 million, and it didn't reach the High Court. But wen't to a standard appeal tribunal. The DWP were in attendance, with the normal 3 making the ruling. The decision would've been given that day ?

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