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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

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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