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Caring matters

23 April 2009 / Ed Mitchell
Issue: 7366 / Categories: Features , Public , Community care
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Part one: Ed Mitchell reviews recent cases on funding, transparency & closure

R (Rutter) v Stockton on Tees BC [2008] EWHC 2651 (Admin), [2008] All ER (D) 37 (Oct) was another addition to the list of failed claims for judicial review of local authority decisions to close care homes. The High Court rejected the claimant's arguments as follows:
      
      ●     The risks posed to residents as a result of closure were not such as to violate their rights under Art 2 of the European Convention on Human Rights (right to life). The evidence was that the authority had done all that could reasonably be expected to avoid any real and immediate risk to the lives of the residents posed by transfer to a new home.

      
      ●     The council's proposals did not render them in breach of its general disability equality duties under s 49A of the Disability Discrimination Act 1995. Mr Justice Wilkie said that this “was not an arguable ground. The council's decision did not in any way involve the curtailing

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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