caselaw

  • Permanent right to reside: Lassal

    Issue 216 (June 2010)
    article

    Sarah Clarke gives details of some more positive caselaw from the European Court of Justice.

  • Supreme Court to decide on ‘unlawful’ bedroom tax


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    Following last month’s victory in the Court of Appeal, the battle continues for Paul and Sue Rutherford and their severely disabled grandson, Warren. The Court held that the ‘bedroom tax’ (or under-occupancy penalty) is in breach of the Human Rights Act 1998, unlawfully discriminating against disabled children requiring overnight care and victims of domestic violence living in Sanctuary Scheme Homes (in the case of ‘A’). The Government was quick to appeal this decision. We have been representing the Rutherford family since 2013 and will be in the Supreme Court defending the Court of Appeal’s decision from 29 February. SSWP v Rutherfords has been joined with other bedroom tax cases, MA & Others and A.

  • ‘Baumbasted’! The right to reside test for claimants with children in education

    Issue 215 (April 2010)
    article

    Graham Tegg examines the implications of two recent judgments from the European Court of Justice (ECJ).