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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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