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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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