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12 July 2007
Issue: 7281 / Categories: Legal News , Human rights
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CARE LOOPHOLE

In brief

The law lords’ decision in YL v Birmingham City Council that the Human Rights Act 1998 does not apply to people in private care homes whose places are funded by local councils, exposes a loophole in the law which needs to be closed by statute, says Eric Metcalfe, director of human rights policy at JUSTICE. “Parliament intended the Human Rights Act to protect the most vulnerable in our society. The courts have failed to honour that intention and now it falls to Parliament to correct that mistake. Local authorities should not be able to duck out of their duty to care home patients simply by using private providers,” he says. Solicitor Andrew Dismore wants the government to back his private members Bill, the Human Rights (Meaning of Public Authority) Bill, to correct the position—or to urgently bring in its own legislation.

Issue: 7281 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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