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DISABILITY DISCRIMINATION

12 June 2008
Issue: 7325 / Categories: Case law , Local government , Discrimination , Law digest
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Gichura v Home Office [2008] All ER (D) 257 (May)

The claimant was a wheelchair user. He was placed in immigration detention. He complained that there had been a failure to make reasonable adjustments in relation to his disability.

HELD Some functions are plainly government-like, such as the administrative handling of a detainee upon arrival, and so are out with the Disability Discrimination Act 1995 (DDA 1995). However, the fact a service is incidental to detention is not enough to exclude that service from the ambit of DDA 1995 if, when performed by an ordinary person, it would be the provision of a service within the meaning of DDA 1995, s 19.

A public duty and a service can be performed at the same time. There is distinction between acts that might be done by a private person, and acts that a private person would never do, with only the latter being government functions. It is inconceivable that Parliament did not intend DDA 1995 to apply in circumstances such as detention in a detention centre, police custody or prison.

MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

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

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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