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05 September 2013
Issue: 7574 / Categories: Case law , Law digest
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Social security

R (on the application of MA & ors) v Secretary of State for Work and Pensions [2013] EWHC 2213 (Admin), [2013] All ER (D) 373 (Jul)
 

The implementation of a policy which placed a cap on amounts payable by way of housing benefit by reducing the eligible rent for the purpose of the calculation in cases where the number of bedrooms in the property let exceeded the number permitted had not been discriminatory towards the claimants, each of whom was either disabled or living with a disabled person, and had not been manifestly without reasonable foundation. In reaching that decision, the Divisional Court held that where discrimination was direct (where a rule, practice or policy prescribed different treatment for persons in like situations) it was the rule itself that had to be justified: the difference in treatment. Where the discrimination was indirect (where a single rule had disparate impact on one group as opposed to another) it was the disparate impact that had to be justified. With Thlimmenos discrimination (see Thlimmenos v Greece (Application 34369/97) ([2000] EHCR 34369/97)), what had to be justified was the failure

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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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