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24 November 2011
Issue: 7491 / Categories: Case law , Law digest , In Court
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Public sector

R (on the application of Green) v Gloucestershire County Council; R (on the application of Rowe and another) v Somerset County Council [2011] EWHC 2687 (Admin), [2011] All ER (D) 111 (Nov)

The public sector equality duties imposed important and onerous burdens on public authorities. In carrying out all of their functions they had to have due regard to the statutory equality needs. The question was whether the duties had been carried out in substance by the persons responsible for the decisions in question rather than whether a document referred to as an equality impact assessment (EIA) had been produced.

Carrying out an EIA was not an invariable necessity for conformity with the public sector equality duty but nor (conversely) was evidence that an EIA had been produced, evidence that “due regard” had been given to the statutory equality needs. The substance of the analysis was the key.
 

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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
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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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