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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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