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09 December 2010
Issue: 7445 / Categories: Legal News
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Fawcett Society loses budget challenge

Application for equality impactassessment “unarguable”

The High Court has dismissed the Fawcett Society’s legal challenge to the Chancellor’s emergency budget.

The Society, which campaigns for equality, claimed the Treasury failed to carry out an equality impact assessment as required by the Sex Discrimination Act 1975, s 76A before Chancellor George Osborne’s emergency budget in June. The Society argued that 72% of the £8.1bn spending cuts, which included a cap on housing benefit and a rise in VAT, would be borne by women and therefore the cuts had a “disproportionate” impact on women.

Treasury lawyers conceded that the required equality assessments were not carried out in some areas, and that this was “regrettable”.

Mr Justice Ouseley dismissed the application as “unarguable”, but acknowledged that the impact of the budgetary cuts deserved further scrutiny.

According to the Society’s chief executive, Ceri Goddard, Ouseley J considered such scrutiny best undertaken by the Equality and Human Rights Commission, which launched a review last month into the impact of the Comprehensive Spending Review on protected groups.

“There is increased recognition and understanding of the role of equality law generally, and growing demand that women are not forced to bear the brunt of cuts,” Goddard said.

“The issue of women’s rights has inched that little bit closer to its rightful place at the heart of policy making. We hope our case has ensured that neither the government nor any other public body will in future think it appropriate to bypass equality law.”

Issue: 7445 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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