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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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