Four members appear in case asking Supreme Court to consider whether benefit cap breaches rights of lone parents and their children

This week the Supreme Court will be hearing two joined appeals concerning whether the revised ‘benefit cap’ unlawfully discriminates against lone parents and/or their children, contrary to Article 14 of the European Convention on Human Rights. The case will also provide an important opportunity for the Supreme Court to consider the role of the UN Convention on the Rights of the Child in relation to domestic laws affecting children.  The Court will be sitting with an enlarged panel of seven Justices, recognising the significance and importance of these cases.


Four members of Doughty Street Chambers act in these landmark appeals. 


For the Appellants in the DA case, Caoilfhionn Gallagher QC, instructed by Rebekah Carrier at Hopkin Murray Beskine, acts along with Ian Wise QC, Steve Broach and Mike Armitage of Monckton Chambers.  They succeeded in the High Court, with Collins J declaring that the failure to exempt lone parents with infant children (aged under 2) and children of that age from the cap breached Article 14 ECHR. However the Secretary of State succeeded on appeal, with a majority of the Court of Appeal reversing the High Court’s decision.


For ShelterMartin Westgate QC acts, instructed by Freshfields Bruckhaus Deringer LLP, together with Shu Shin Luh and Connor Johnston of Garden Court Chambers. Shelter’s press release in relation to the Court of Appeal’s decision can be found here.


For Just Fair, in their first intervention in the court, Jamie Burton and Daniel Clarke act, instructed by Christian Hansen of Hansen Palomares.


The hearing will last 2.5 days. Judgment is expected to be reserved.