R (RJM) v Secretary of State for Work and Pensions

Subject Matter

HUMAN RIGHTS — Right to peaceful enjoyment of possessions — Disability premium — Regulations providing for disability premium not to be payable to disabled person without accommodation — Cessation of payments to claimant on becoming homeless — Whether right to receive premium “possession” — Whether Convention right to peaceful enjoyment of “possessions” engaged — Whether Regulations giving rise to discrimination in enjoyment of Convention right on ground relating to “other status” — Whether justified — Whether Regulations incompatible with Convention rights — Human Rights Act 1998, Sch 1, Pt I, art 14, Pt II, art 1 — Income Support (General) Regulations 1987, Sch 7, para 6

[2007] EWCA Civ 614; [2007] 1 WLR 3067, CA

[2008] UKHL 63; [2009] 1 AC 311; [2008] 3 WLR 1023; [2009] PTSR 336; [2009] 2 All ER 556, HL(E)

JUDICIAL PRECEDENT — Court of Appeal (Civil Division) — Relevance of European decisions — Court of Appeal considering its earlier decision to be inconsistent with subsequent decision of European Court of Human Rights — Whether obliged to follow earlier decision — Whether obliged to follow earlier decision of House of Lords appearing to be inconsistent with subsequent decision of European Court of Human Rights — Application of principles in relation to decisions of European Patents Office Board of Appeal

[2008] UKHL 63; [2009] 1 AC 311; [2008] 3 WLR 1023; [2009] PTSR 336; [2009] 2 All ER 556, HL(E)

Appellate History

Commentary

Blackstones Civil Practice 2023
Main Provisions of the Human Rights Act 1998 - Sources of European human rights law 91.2

Articles of the Convention Incorporated into the Human Rights Act 1998 - Article 14: prohibition of discrimination in enjoyment of Convention rights 91.29