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15 July 2010 / Alex Gask , Jamie Burton
Issue: 7426 / Categories: Features , Public , Human rights
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Humanity 1 - 0 Policy

Clue represents a major step towards protecting the vulnerable,say Jamie Burton & Alex Gask

Lord Hoffmann observed in R (on the application of Westminster City Council) v National Asylum Support Service [2002] 4 All ER 654 that “there was a time when the welfare state did not look at your passport or ask why you were here. The state paid contributory benefits on the basis of contribution and means-tested benefits on the basis of need.” However, “[a]s immigration became a political issue, this changed…Voters became concerned that the welfare state should not be a honey pot which attracted the wretched of the earth.”

This attitude towards state support and immigration is perhaps epitomised by Sch 3 of the Nationality, Immigration and Asylum Act 2002: Withholding and withdrawal of support. The impact of this schedule has, however, been reined in by the Court of Appeal in its recent judgment in Clue v Birmingham City Council (Shelter intervening) [2010] EWCA Civ 460, [2010] All ER (D) 27 (May), striking a significant blow for vulnerable children and families across the UK.

Background

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Gateley Legal—Jack Kelly

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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