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A fine distinction

28 January 2010 / Nicholas Dobson
Issue: 7402 / Categories: Features , Public
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When you “notify” do you also “inform”? asks Nicholas Dobson

Why would people spend good money in getting lawyers to argue for them over the meaning of words? Are they all practising pedants?

Not at all. For if “equity does nothing in vain” neither will most litigants. There will usually be some fundamental and serious issue riding on disputed interpretations of words. And so there was in the Court of Appeal last October where the legal meaning of the words “inform” and “notify” came up for scrutiny in the context of homelessness law (see Ali v. Birmingham City Council [2009] EWCA Civ 1279).

This is in the Housing Act 1996 (HA 1996), pt 7. In particular, s 193 imposes a duty on local housing authorities to secure that accommodation is available for a homeless applicant where the authority is satisfied that the applicant is homeless, eligible for assistance, has a priority need and is not satisfied that the applicant became homeless intentionally. However, under s 193(5) an authority ceases to be subject to this

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One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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