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- Whether the right to reside test complies with EU law when applied to ‘family benefits’
- The Dano Effect – The restriction on benefits paid to EU citizens who are former workers
- Where have all the good men gone?
- The legal challenge to the ‘bedroom tax’ – a new hope
- Tackling hate speech aimed at Gypsies, Travellers and Roma
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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
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
Posted in Welfare benefits
Tagged Desmond Rutledge, European Union, welfare benefits
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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
Posted in Gender Equality, Lord Sumption, Sexism, Supreme Court
Tagged Felicity Williams, Maya Sikand
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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
Posted in Welfare benefits
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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
Posted in Gypsy and Traveller Law
Tagged discrimination, Gypsies, Romani Gypsy, Travellers
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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
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
Challenging a Refusal of Permission to Appeal by the Upper Tribunal (Administrative Appeals Chamber) in a Welfare Benefits Case – A Practice Note
Desmond Rutledge provides a practice note on challenging a refusal of permission to appeal by the Upper Tribunal (Administrative Appeals Chamber) in a welfare benefits case. What options do claimants have if the Upper Tribunal refuses permission to appeal? If permission … Continue reading
Posted in Welfare benefits
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How to be a feminist lawyer
Elizabeth Woodcraft and Alison Diduck, a Professor at University College London, speak about what it means to be a feminist barrister. More and more women are going into the law as solicitors, barristers, legal executives, academics. Indeed, in England and … Continue reading
Posted in News
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Are welfare benefits exempt from bank charges under section 187(1) of the Social Security Administration Act 1992?
Desmond Rutledge considers whether the protection conferred on welfare benefits under Social Security legislation continues once those benefits have been paid into a current bank account. Are welfare benefits protected from recovery of a debt owed to a bank? Welfare … Continue reading
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