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06 July 2012 / Clare Collier
Issue: 7521 / Categories: Features , Human rights
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Where to draw the line

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Clare Collier examines how discrimination is justified in relation to welfare benefit entitlement

Two recent appeal cases concerning whether welfare benefit entitlement can be subject to discrimination led to very different outcomes. In Humphreys v The Commissioners for Her Majesty’s Revenue and Customs [2012] UKSC 18, [2012] All ER (D) 124 (May), a father whose children spent three days a week with him challenged the rule that child tax credit can only be paid to one person, even where the care of the child is shared. It was accepted that the rule indirectly discriminates against fathers because they are statistically more likely than mothers to be the parent with fewer days’ responsibility in a shared-care arrangement. The question for the Supreme Court was whether the discrimination could be justified, or whether there was a violation of Art 14 of the European Convention on Human Rights (ECHR), taken with Art 1 of the First Protocol (A1P1).

In Ian Burnip and others v Birmingham City Council and others and the Secretary of State for

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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