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Category Archives: Family law

Bedroom tax case: don’t forget the ECHR

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Not enough has been said about the human rights legal dimension to the successful bedroom tax cases in the Supreme Court. It is important for two reasons:

  1. The cases succeeded thanks to Britain’s adherence to the European Convention on Human Rights where homegrown “British” law was unable to help (apart from the Human Rights Act, giving access to ECHR remedies). Neither English Common Law nor British parliamentary anti-discrimination legislation could assist either the Rutherfords or Jacqueline Carmichael gain exemption from having housing benefit docked  for their “extra” bedrooms.
  2. An earlier judgment of one of the cases, when it came before Lord Justice Laws, was intended to place a clear marker down discouraging such  cases based on ECHR rights on the grounds that “the courts are not the proper arbiters of public controversy”. The Supreme Court has therefore repudiated Laws’ attack on ECHR remedies.

The legal cases
The cases challenged the bedroom tax regulation on the grounds that it failed to give entitlement to an extra bedroom (without having housing benefit reduced) in cases where the bedrooms were needed for disabled people. The regulation restricts exemptions to “a relevant person … who requires overnight care; or a relevant person [who] is a qualifying parent or carer” (Regulation B13 (6). The relevant person (in paragraph 9) is the housing benefit claimant, his/her partner or another person liable to pay rent and his/her partner (see regulations below in full). But, as Lord Toulson noted in the latest case: “A person who requires overnight care is defined in Reg 2(1) in terms which have the effect of not including any child”.
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Home Office plays the long – and costly – game to deport 70-year-old widow

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In these straitened times the Ministry of Justice has had to crack down on the costs of the UK legal system. But there is one area where apparently money is no object: chasing 70-year-old Pakistani widows from Britain’s shores.

Even when their chums at the Home Office are on a two-year losing streak during which judges twice rejected the case for removing Razia Begum as “disproportionate” given she retains no ties in Pakistan, one last desperate (and expensive) throw of the dice was bankrolled by the public purse. 

Thus it was that Home Office lawyers fetched up at the Court of Appeal a couple of weeks ago demanding another go at removing Mrs Begum, even though they had missed an appeal deadline a year and a half ago – owing to “mere oversight”. Their claim for an extension was based on the notion that they “had a good case” against Mrs Begum.

But “the need for litigation to be conducted efficiently and at proportionate cost” is a principle of legal procedure far pre-dating current MoJ rigours. So the notion that the Home Office could, at great expense, lay out its case before two Lord Justices to persuade them it was good enough for it to proceed, then at some later point lay out the whole case again before yet more learned justices during the substantive appeal was not one likely to find favour in the Court.
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Joy v Joy-Morancho divorce case: not just about the Bentley

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For the press it is all about the cars – particularly the £470,000 vintage Bentley that Nichola Joy sought to have seized from her ex-husband Clive Joy-Morancho to pay towards her legal costs in their multimillion-pound divorce proceedings.

In the latest hearing, according to the national press, Mrs Joy “lost” that battle (Businessman wins divorce spat over vintage cars: Telegraph) but the truth is rather more complex. In particular High Court judge, Sir Peter Singer, made clear his dissatisfaction with Mr Joy-Morancho’s case (a fact that went unreported by the press), calling it a “sham, a charade, bogus, spurious and contrived” – and possibly even a fraud.

Mrs Joy does not avoid a tongue lashing, either. “What she says must be subjected to close scrutiny and approached with a degree of scepticism having regard to the many extravagant and often inconsistent observations to which she committed herself.”

For judges involved in this long-running (and continuing) case it must have something of the feel of a sophisticated whodunnit involving tens of millions in assets. Whose are they? Where are they? Is anyone wilfully hiding them? For others it’s a moral tale as the super-rich and their cash are sucked into the dark vortex that is a tax-efficient financial trust. As such, the papers’ reports have missed the real story. Read the rest of this entry

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