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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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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