The Secretary of State for the Department of Work and Pensions v LK (RP): [2019] UKUT 421 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Jones on 30 September 2019

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 1 December 2020

• Categories: Forfeiture, Retirement pensions
• Judges: Jones, R
• Decision date: 30 September 2019

Read the full decision in CFP/1016/2019.

Judicial Summary

Retirement Pension – Forfeiture Rule – application of the Forfeiture Act 1982 on a reference to the Upper Tribunal - claimant acquitted of manslaughter – forfeiture rule does not apply on the facts – no jurisdiction to strike out under Rule 8(3)(c) of the Tribunal Procedure (Upper Tribunal) Rules 2008 – no abuse of process in the Secretary of State making the reference to the Upper Tribunal twenty six years after acquittal

Published 1 December 2020