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11 January 2013
Issue: 7543 / Categories: Case law , Law digest , In Court
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Disability discrimination

R (on the application of Coleman) v Barnet London Borough Council [2012] EWHC 3725 (Admin), [2012] All ER (D) 256 (Dec)

The duty under s 149 of the Equality Act 2010 was not a duty to achieve a result, but to have due regard to the need to achieve the statutory goals. The court had to consider whether due regard had been paid to the equality duty and not simply whether the failure to have due regard to that duty was Wednesbury unreasonable. “Due” regard meant the regard that was appropriate in all the circumstances. The circumstances included the importance of the areas of life of the members of the disadvantaged group that were affected by the inequality of opportunity and the extent of the inequality, and such countervailing factors as were relevant to the function which the decision-maker was performing. Where disabilities were concerned, the duty encompassed due regard being given to the need to take steps to gather relevant information in order that the authority could properly take steps to take into account disabled persons’ disabilities in the context of the function under consideration. Performance

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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