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23 April 2009 / Ed Mitchell
Issue: 7366 / Categories: Features , Public , Community care
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Caring matters

Part one: Ed Mitchell reviews recent cases on funding, transparency & closure

R (Rutter) v Stockton on Tees BC [2008] EWHC 2651 (Admin), [2008] All ER (D) 37 (Oct) was another addition to the list of failed claims for judicial review of local authority decisions to close care homes. The High Court rejected the claimant's arguments as follows:
      
      ●     The risks posed to residents as a result of closure were not such as to violate their rights under Art 2 of the European Convention on Human Rights (right to life). The evidence was that the authority had done all that could reasonably be expected to avoid any real and immediate risk to the lives of the residents posed by transfer to a new home.

      
      ●     The council's proposals did not render them in breach of its general disability equality duties under s 49A of the Disability Discrimination Act 1995. Mr Justice Wilkie said that this “was not an arguable ground. The council's decision did not in any way involve the curtailing

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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