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02 April 2015
Issue: 7647 / Categories: Case law , Law digest , In Court
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Social security

Smith v Secretary of State for Work and Pensions [2015] EWCA Civ 229, [2015] All ER (D) 204 (Mar)

The claimant appealed against the judge’s finding that the Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 (SI 2011/688) were not ultra vires s 17A of the Jobseekers Act 1995. The Court of Appeal in dismissing the appeal, held that R (on the application of Reilly and another) v Secretary of State for Work and Pensions [2014] 1 All ER 505, which quashed similar regulations, was not binding, as the present scheme contained some elements by way of “description”. Further, the Regulations prescribed a description of the scheme within the meaning of s 17A(1) of the Act.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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