Author Archives: Garden Court Chambers

Whether the right to reside test complies with EU law when applied to ‘family benefits’

Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test The origins of the Commission’s action against the UK In European Commission v United Kingdom of … Continue reading

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The Dano Effect – The restriction on benefits paid to EU citizens who are former workers

Desmond Rutledge examines the recent decision in Alimanovic (C-67/14) which holds that it is lawful for a Member State to restrict the period a former worker from another Member State can access benefits upon becoming involuntarily unemployed based on Dano (C-333/12). Continue reading

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Where have all the good men gone?

Maya Silkand and Felicity Williams respond to Lord Sumption’s comments about gender inequality in the legal profession. Continue reading

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The legal challenge to the ‘bedroom tax’ – a new hope

Desmond Rutledge reviews the prospects of the bedroom tax litigation succeeding in the light of the recent Supreme Court judgment in the household benefit cap case. Welfare Benefits and Human Rights The importance of social security is recognised in a … Continue reading

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Tackling hate speech aimed at Gypsies, Travellers and Roma

Marc Willers QC explores the hate speech targeting Roma, Gypsies and Travellers and the power to prosecute perpetrators for incitement to racial hatred. On 27 January 2015 we commemorated the 70th anniversary of the day when Soviet troops liberated the … Continue reading

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Judge rules that Mr Pickles unlawfully discriminated against Gypsies and Travellers

Marc Willers QC explores the recent High Court judgment in which it was found that the conduct of Eric Pickles, the Secretary of State for Communities and Local Government, constituted indirect discrimination against Romany Gypsies and Irish Travellers. Meeting the accommodation … Continue reading

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Is the Cart-threshold being set too high?

Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test. Introduction Speaking generally, a First-tier Tribunal (‘FtT’) has a wide discretion when making case management decisions, such as whether to adjourn, so … Continue reading

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