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08 August 2013
Issue: 7572 / Categories: Case law , Law digest , In Court
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Discrimination

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)

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 v Greece (App No 34369/97) discrimination, what had to be justified was the failure to make a different rule for those adversely affected. Indirect and Thlimmenos discrimination were closely allied applications of the principle that like cases should be treated alike and that different cases should be treated differently. Indirect discrimination often involved an assertion that the claimants should be treated differently from others who were covered by the rule complained of, which was Thlimmenos discrimination.

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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