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Moyna v Secretary of State for Work and Pensions [2003] UKHL 44

Country:
United Kingdom
By Oxbridge Law Team
Lord Hoffmann

  • Plaintiff claimed to be disabled and claimed to be entitled to disability benefits, but the social security commission denied her claim, the statutory test for benefits being whether a person was able to cook their own food regularly.

  • HL held that the test was a broad one, on which the tribunal should take a wide view and make a judgment: it was not a test to be applied with precise arithmetic.

  • Since the tribunal’s decision was a reasonable one, its decision was upheld. 

Lord Hoffmann

In any case in which a tribunal has to apply a standard with a greater or lesser degree of imprecision and to take a number of factors into account, there are bound to be cases in which it will be impossible for a reviewing court to say that the tribunal must have erred in law in deciding the case either way

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