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CARE LOOPHOLE

12 July 2007
Issue: 7281 / Categories: Legal News , Human rights
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In brief

The law lords’ decision in YL v Birmingham City Council that the Human Rights Act 1998 does not apply to people in private care homes whose places are funded by local councils, exposes a loophole in the law which needs to be closed by statute, says Eric Metcalfe, director of human rights policy at JUSTICE. “Parliament intended the Human Rights Act to protect the most vulnerable in our society. The courts have failed to honour that intention and now it falls to Parliament to correct that mistake. Local authorities should not be able to duck out of their duty to care home patients simply by using private providers,” he says. Solicitor Andrew Dismore wants the government to back his private members Bill, the Human Rights (Meaning of Public Authority) Bill, to correct the position—or to urgently bring in its own legislation.

Issue: 7281 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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