Dunn v Social Security Commissioner, Court of Appeal - Civil Division, July 01, 1999, [1999] EWCA Civ 1725

Resolution Date:July 01, 1999
Issuing Organization:Civil Division
Actores:Dunn v Social Security Commissioner
 
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IN THE SUPREME COURT OF JUDICATURE PTA 1999/5621/1

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE SOCIAL SECURITY COMMISSIONER

Royal Courts of Justice

The Strand

London

Thursday 1 July 1999

B e f o r e:

LORD JUSTICE OTTON

and

LORD JUSTICE ROBERT WALKER

B E T W E E N:

CHRISTOPHER IAN DUNN Applicant/Claimant

and

SOCIAL SECURITY COMMISSIONER Respondent

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(Computer Aided Transcription by

Smith Bernal, 180 Fleet Street, London EC4A 2HD

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Official Shorthand Writers to the Court)

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THE APPLICANT did not attend and was not represented

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J U D G M E N T

(As Approved by the Court)

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Thursday 1 July 1999

LORD JUSTICE OTTON: I will ask Lord Justice Walker to give the first judgment.

LORD JUSTICE ROBERT WALKER: This is an application for permission to appeal from a decision of a Social Security Commissioner. The applicant cannot be present in person and has asked that the application be dealt with on paper.

It is an application by Mr Christopher Dunn for permission to appeal from an order of a Social Security Commissioner, Mr Mesher, who, on 21 October 1998, dismissed an appeal against an order of the Social Security Appeal Tribunal that a sum of £1,936-odd was recoverable by public funds from Mr Dunn under section 71 of the Social Security Administration Act 1992 on the ground that the applicant had made a misrepresentation or non-disclosure and that in consequence there had been a loss to public funds.

Mr Dunn is unable to appear because, as explained in his notice of appeal, he resides in Germany and his financial resources are insufficient for him to travel to this country. The claim is closely connected with his residence in Germany. The Commissioner said of the case that it must have appeared to the Appeal Tribunal to be a relatively routine one about the recoverability of an overpayment of child benefit, but which turns out to involve a number of very difficult legal issues. The Commissioner had for that reason granted permission to appeal to himself, and on that basis considered the appeal in a closely-reasoned written decision running to more than 10 pages.

The essential facts are as follows. It is necessary to refer to Mr Dunn's residence and employment in a little detail because of the terms of the Anglo-German Convention on Social Security dated 20 April 1960, Article 7 of which is preserved by Article 7(2)(c) of Council Regulation EEC...

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