Introduction to Decision Making Service Litigation Register

Decision Making Services  (DMS) represent the department in applications and appeals to the Commissioners by preparing written submissions and attending hearings. The aim of the Litigation Register is primarily to assist our staff to fulfil their obligations to the Office of the Social Security Commissioners and Child Support Commissioners with regard to social security benefit, compensation recovery and child support applications and appeals.

While Commissioners in Northern Ireland are not bound by decisions of the Court of Appeal in England and the Court of Session in Scotland, it has been held that identically worded provisions operating in both Northern Ireland and Great Britain should be subject to the same judicial approach (see decision R(SB)1/90). In view of this need for a uniform interpretation in the jurisdictions, the Register aims to provide access to cases pending before the higher Courts, and a database of important court judgments concerning social security benefits. The Register also contains judgments of the European Court of Human Rights and the European Court of Justice.

The Litigation Register is also made available to other interested parties, including members of the public and their representatives. Hopefully it is presented in a format that lends itself to research by professionals and others.

The Pending section of the database contains the Commissioner’s decision or court judgment which is the subject of an appeal to a higher court, and indicates the progress of cases still awaiting judgment.

The Decided section of the database contains the important court judgments from January 1999. As the need is identified, and resources permit, other relevant past judgments will be added.

The Register is maintained with the co-operation of the Department for Work and Pensions, the Office of Social Security & Child Support Commissioners, London and has the approval of the Northern Ireland Chief Commissioner.

© Crown Copyright Reserved. Copyright subsists in all Commissioners’ decisions and UK & NI court judgments. Individual copies of decisions published on this database may be made for use solely in pending legal proceedings or academic research, and reasonable excerpts quoted in the press provided the source is acknowledged.

European judgments in the Register have been obtained from the websites of the Court of Justice of the European Communities and The European Court of Human Rights.

The electronic versions of the judgments of the Court of Justice and of the Court of First Instance and the Opinions of the Advocates General reproduced on the Register are from the website of the Court of Justice of the European Communities site. The texts and information contained in the Court of Justice of the European Communities internet site are available free of charge for the purposes of public information.

These electronic versions are not authentic and are subject to amendment. The definitive version of these texts is published in the "Reports of Cases before the Court of Justice and the Court of First Instance" which alone are authentic and, in the event of their differing from the electronic version, are alone to be regarded as authoritative.

The ECJ judgments available on this site may be reproduced provided that the source is acknowledged as the Court of Justice of the European Communities site. Readers should be aware that certain parts of such information and texts might be protected under intellectual property law, in particular by copyright.

ECHR judgments are the copyright of Council of Europe. Reproduction of material posted on Council of Europe websites is authorised for private use and for information and educational uses relating to the Council of Europe's work. This authorisation is subject to the condition that the source be indicated and no charge made for reproduction.

Persons wishing to make some other use, including commercial use, of information and text subject to the copyright of the Council of Europe are asked to apply in advance for written authorisation to the Council of Europe, Directorate of Communication and Research.

We welcome feedback on the Litigation register.  If you have any queries or suggestions for improvement please contact the Decision Making Services.