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Social Security – Benefit. The claimants challenged the Government's introduction of a cap on welfare benefits on the basis that the Benefit Cap (Housing Benefit) Regulations 2012, SI 2012/2994, which had implemented the cap, discriminated unjustifiable between men and women, contrary to art 14 of the European Convention on Human Rights and art 1 of the First Protocol to the Convention. The Divisional Court dismissed the claimants' judicial review challenge. The Court of Appeal, Civil Division, dismissed their appeal. The Supreme Court, in dismissing the claimants' appeal, held that, giving due weight to the assessment of the Government and Parliament, the court was not persuaded that the Regulations were incompatible with art 14 of the Convention. The Regulations pursued legitimate aims and, as the question of proportionality involved controversial issues of social and economic policy, the determination of which was pre-eminently the function of democratically elected institutions, it was necessary for the court to give due weight to the considered assessment made by those institutions. It was unnecessary for the court to decide whether the question of whether there had been a breach of art 3(1) of the United Nations Convention on the Rights of the Child.
Social Security – Benefit. The claimants challenged the Government's introduction of a cap on welfare benefits on the basis that the Benefit Cap (Housing Benefit) Regulations 2012, SI 2012/2994, which had implemented the cap, discriminated unjustifiable between men and women, contrary to art 14 of the European Convention on Human Rights and art 1 of the First Protocol to the Convention. The Divisional Court dismissed the claimants' judicial review challenge. The Court of Appeal, Civil Division, dismissed their appeal. The Supreme Court, in dismissing the claimants' appeal, held that, giving due weight to the assessment of the Government and Parliament, the court was not persuaded that the Regulations were incompatible with art 14 of the Convention. The Regulations pursued legitimate aims and, as the question of proportionality involved controversial issues of social and economic policy, the determination of which was pre-eminently the function of democratically elected institutions, it was necessary for the court to give due weight to the considered assessment made by those institutions. It was unnecessary for the court to decide whether the question of whether there had been a breach of art 3(1) of the United Nations Convention on the Rights of the Child.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
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Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt
