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Published: 26 April 2021 PHILIPSBURG:--- On April 26 th, 2021 the Ombudsman of Sint Maarten, Gwendolien Mossel, after careful consideration, submitted the three national ordinances, in connection with cuts to the employment benefits of all (semi) public sector workers, to the Constitutional Court for review. The three national ordinances are the Temporary National Ordinance Covid-19 cuts, Temporary National Ordinance to amend the terms of employment of political authorities and Temporary National Ordinance on the standardization of top incomes and adjustment of employment conditi...

Whipple J   Judicial review – Income support – Claimants alleging scheme, by which payments made to self-employed persons whose businesses adversely affected by Coronavirus emergency, unlawfully discriminating against self-employed women who had taken maternity leave or leave relating to pregnancy in three preceding tax years In April 2020, HM Treasury (the defendant) introduced the self-employment income support scheme (the Scheme), by way of a direction under ss 71 and 76 of the Coronavirus Act 2020 (CA 2020). Under the Scheme, payments were made to persons who carried on a business th...

‘the Assembly’ means the National Assembly for Wales or Cynulliad Cenedlaethol Cymru ‘the GWA’ means the Government of Wales Act 1998 ‘the NIA’ means the Northern Ireland Act 1998 ‘the SA’ means the Scotland Act 1998 ‘the Acts’ mean the GWA, the NIA and the SA ‘the Judicial Committee’ means the Judicial Committee of the Privy Council ‘the CPR’ means the Civil Procedure Rules 1998 ‘the FPR’ means the Family Proceedings Rules 1991 ‘the FPC’ means the Family Proceedings Courts (Children Act 1989) Rules 1991 ‘devolution issue’ has the same meaning as in par...

The claimant single mother, who received universal credit, successfully challenged the ‘proof of payment rule’ pursuant to the Universal Credit Regulations 2013, SI 2013/376, the effect of which was that recipients had to find ways of paying childcare costs from their own funds, and only be reimbursed several weeks afterwards. The claimant wished to work, but she was unable to do so without help to cover childcare charges. The Administrative Court held that the proof of payment rule discriminated indirectly against women in the enjoyment of their rights under art 8 of, and/or art 1 of the...

A Joint Statement on the Decisions of Some European Countries Threatening the Principle of Non-refoulement of Refugees Changes to asylum policies in several European countries may pave the way for a violation of the principle of non-refoulement and the First Protocol of the European Convention on Human Rights Since the end of 2019, we have witnessed clear changes in the policies of several European countries regarding asylum and especially the reception of Syrian refugees. The reasons for the changes made by the governments of these countries have ranged from reports claiming improved securit...