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

R (on the application of SG v Secretary of State for Work and Pensions) [2015] UKSC 16, [2015] All ER (D) 197 (Mar)

The claimants challenged the government’s introduction of a cap on welfare benefits on the basis that the Benefit Cap (Housing Benefit) Regulations 2012 (SI 2012/2994) which had implemented the cap, discriminated unjustifiable between men and women, contrary to Art 14 of the European Convention on Human Rights and Art 1 of the First Protocol to the Convention. The Divisional Court dismissed the claimants’ judicial review challenge. The Court of Appeal dismissed their appeal. The Supreme Court, in dismissing the claimants’ appeal, held that, giving due weight to the assessment of the government and Parliament, the court was not persuaded that the Regulations were incompatible with Art 14 of the Convention. The Regulations pursued legitimate aims and, as the question of proportionality involved controversial issues of social and economic policy, the determination of which was pre-eminently the function of democratically elected institutions, it was necessary for the court to give due weight to the considered

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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