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29 July 2010
Issue: 7428 / Categories: Case law , Law digest
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Child law

R (on the application of Green) v Secretary of State for the Department for Work and Pensions [2010] EWHC 1278 (Admin), [2010] All ER (D) 192 (Jul)

The August 2002 version of the Child Support Guide, vol 7 made it clear that there was a discretion to be exercised by the Child Support Agency (CSA) in determining whether to permit the school fees payment to be offset against child support. It expressly stated that the discretionary decision had to be based on the circumstances of the individual case, with consideration being given to the welfare of the child at all times.

However, it was plain that in exercising that discretion, the CSA was to give weight to the current view of the parent with care. However, if the parent with care did not agree to it, there nevertheless remained a discretion to be exercised because the guidance did not make everything dependent on the current wish of the parent with care but enjoined the decision maker to take into account all the circumstances of the case.

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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