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21 October 2010
Issue: 7438 / Categories: Case law , Law digest
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Housing

Pieretti v London Borough of Enfield [2010] EWCA Civ 1104, [2010] All ER (D) 96 (Oct)

The duty in s 49A(1) of the Disability Discrimination Act 1995 applied to local authorities in carrying out all their functions under Pt VII of the 1996 Act. In making determinations under Pt VII of the Housing Act 1996 in areas in which a person’s disability could be of relevance, a local authority should have due regard to the need to take steps to take account of disabled persons’ disabilities. In circumstances in which a reviewing officer under s 202 of the 1996 Act, or the initial decision maker under s 184 of that Act, was not invited to consider an alleged disability, it would be wrong in the light of s 49A(1) to say that he should consider disability only if it was obvious. On the contrary, he needed to have due regard to the need for him to take steps to take account of it. That did not mean that in every case a decision maker under ss 184 or 202 had to take active steps to enquire into whether the

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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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