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28 January 2010 / Nicholas Dobson
Issue: 7402 / Categories: Features , Public
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A fine distinction

When you “notify” do you also “inform”? asks Nicholas Dobson

Why would people spend good money in getting lawyers to argue for them over the meaning of words? Are they all practising pedants?

Not at all. For if “equity does nothing in vain” neither will most litigants. There will usually be some fundamental and serious issue riding on disputed interpretations of words. And so there was in the Court of Appeal last October where the legal meaning of the words “inform” and “notify” came up for scrutiny in the context of homelessness law (see Ali v. Birmingham City Council [2009] EWCA Civ 1279).

This is in the Housing Act 1996 (HA 1996), pt 7. In particular, s 193 imposes a duty on local housing authorities to secure that accommodation is available for a homeless applicant where the authority is satisfied that the applicant is homeless, eligible for assistance, has a priority need and is not satisfied that the applicant became homeless intentionally. However, under s 193(5) an authority ceases to be subject to this

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MOVERS & SHAKERS

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

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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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