The Law Reports (Queen's Bench Division)
[2017] QB 657
Court of Appeal
Regina (Reilly and another) v Secretary of State for Work and Pensions (No 2)
Jeffrey and others v Secretary of State for Work and Pensions
[2016] EWCA Civ 413
2015 Nov 24–
26;,
2016 April 29
Underhill, Burnett LJJ, Dame Janet Smith
Human rights— Fair trial— Determination of civil rights and obligations— Statute enacted to validate retrospectively Regulations found to be invalid in ongoing judicial review proceedings— Whether impermissible interference in judicial determination of ongoing proceedings— Whether statute incompatible with claimants’ Convention rights to determination by court of civil rights and obligations— Whether statute capable of being read down so as to have no effect in existing proceedings—
Jobseekers Act 1995 (c 18), s 17A (as inserted by Welfare Reform Act 2009 (c 24), s 1(2))
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6.1
—
Jobseekers (Back to Work Schemes) Act 2013 (c 17), s 1
—
Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 (SI 2011/917)
Human rights— Peaceful enjoyment of possessions— Deprivation— Jobseeker’s allowance withheld from claimant for failure to participate in back to work scheme— Claimant appealing successfully in reliance on Court of Appeal decision that relevant Regulations ultra vires— Secretary of State promoting and Parliament enacting validating legislation reversing Court of Appeal’s decision— Whether Convention right to peaceful enjoyment of possessions engaged— Whether claimant deprived of “possession”— Whether validating legislation incompatible with claimant’s Convention right to peaceful enjoyment of possessions—
Human Rights Act 1998, Sch 1, Pt II, art 1
—
Jobseekers (Back to Work Schemes) Act 2013, s 1
—
Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011