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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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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