Adam Heppinstall KC & Jack Castle successful in Court of Appeal on whether illegality is “work”

Adam Heppinstall KC and Jack Castle acted for the successful Secretary of State in Allen v Secretary of State for Work and Pensions [2026] EWCA Civ 19, a Court of Appeal decision on the novel issue of whether a criminal enterprise could be “work” and the profits deriving from it “income” within the relevant statutory scheme.

The Appellant made around £30,000 per year selling stolen bikes, and had pleaded guilty to handling stolen goods.  He argued, successfully at first instance, that his activities were not “work” and his receipts were not “income” such that he was still entitled to Employment and Support Allowance (an income-related disability benefit payable to those unable to work).  Dismissing the appeal, the Court of Appeal found that activities are not exempt from being “work” because they are criminalised, and any profit made should not be excluded from account because it is derived from criminality.

Jack Castle represented the Secretary of State in the Upper Tribunal.  The Court of Appeal’s judgment is available here.

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