header-logo header-logo

02 April 2015
Issue: 7647 / Categories: Case law , Law digest , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll