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David Forsdick

year of call: 1993

clerks@landmarkchambers.co.uk

Recent Social Security and Welfare State Work and Key Cases

Cotton v. SSWP (CA - October 2009) – for SSWP in case concerning the treatment of holiday pay for the purposes of assessing income for various benefits.

Martin v. SSWP: Upper Tribunal - for Claimant in appeal against overpayment decision – overpayment of Housing Benefit arose from retrospective equalisation of pay.

CDLA/948/2007; CHR/3855/2005; CIS/3746/2007 –  for claimant – jurisdiction of commissioners to grant permission to appeal against refusals of extensions of time

CDLA/2864/2007 - for claimant – transfer of benefits within EU

R(Kehoe) v. Secretary of State for Work and Pensions  [2005] UKHL 48 [2006] 1 AC 42 – child support; compliance with article

Fryer Kelsey v. Secretary of State for Work and Pensions  [2005] EWCA Civ 511 – decision making in social security

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QUALIFICATIONS

A Panel of Junior Counsel to the Crown - appointed 2005 (B Panel - 2002 and C Panel – 1999)

Appointed as Secretary of State decision maker in statutory appeals – 2008/9

Appointed as legal assessor by Secretary of State and by mediators in various contexts.

Chair of the Free Representation Unit 1993 – 4

Chair of Governors of St Luke’s Primary School, Islington since 2001

Regularly lectures on issues in environmental and planning judicial review, social security and general local government including probity and decision making.

INQUIRIES

02 May 2008

Cambian

06 Nov 2007

Smithfields Inquiry

Smithfields Inquiry

Acting for developer with Christopher Katkowski Q.C. in call in inquiry for major developer at Smithfield.The case turns on highly technical engineering and viability evidence to justify demolition of the unlisted part of Smithfield market. Other counsel involved included William Hicks Q.C. and Neil Cameron for the City of London and Robert McCracken Q.C. for English Heritage.

01 Jun 2005

Thames Gateway inquiry

Public inquiry into the £500m Thames Gateway bridge, a proposed new crossing of the River Thames in east London.