| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 350 (Mar) |
| Court: | Administrative Court |
| Judge: | Judge Wilkie QC sitting as a Judge of the High Court |
| Representation | Nicholas Blake QC and Ramby de Mello (instructed by Liberty) for the claimant. |
| Tim Ward (instructed by the Treasury Solicitor) for the defendant. | |
| Judgment Dates: | 22 March 2002 |
Catchwords
Human rights - Privacy - Family life - Claimant divorced from wife - Claimant being obliged to make maintenance payments to wife in respect of child - Claimant submitting deductions from job seeker's allowance to make payments in breach of Convention - Whether defendant infringing claimant's Convention rights - European Convention on Human Rights, art 8.
The Case
A deduction by the state of a sum from that which the state had already determined a claimant was entitled to receive was capable of amounting to an interference with his rights under art8 of the European Convention on Human Rights. Whether it did or not, however, would depend upon the circumstances in question. Strasbourg jurisprudence indicated that whilst the provisions of legislation itself might not directly effect family life, the effects of decisions made pursuant to the legislation could do so, dependant upon the nature and degree of the interference caused in consequence of the payment or deduction from the benefit required to be made.
Practice Areas
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