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15 July 2010 / Alex Gask , Jamie Burton
Issue: 7426 / Categories: Features , Public , Human rights
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Humanity 1 - 0 Policy

Clue represents a major step towards protecting the vulnerable,say Jamie Burton & Alex Gask

Lord Hoffmann observed in R (on the application of Westminster City Council) v National Asylum Support Service [2002] 4 All ER 654 that “there was a time when the welfare state did not look at your passport or ask why you were here. The state paid contributory benefits on the basis of contribution and means-tested benefits on the basis of need.” However, “[a]s immigration became a political issue, this changed…Voters became concerned that the welfare state should not be a honey pot which attracted the wretched of the earth.”

This attitude towards state support and immigration is perhaps epitomised by Sch 3 of the Nationality, Immigration and Asylum Act 2002: Withholding and withdrawal of support. The impact of this schedule has, however, been reined in by the Court of Appeal in its recent judgment in Clue v Birmingham City Council (Shelter intervening) [2010] EWCA Civ 460, [2010] All ER (D) 27 (May), striking a significant blow

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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