header-logo header-logo

21 October 2010
Issue: 7438 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Bill disputes between solicitors and clients should be dealt with by an online portal rather than sent to the Legal Ombudsman (LeO), the Association of Costs Lawyers (ACL) has argued
MPs have warned of an ‘unacceptably high risk of miscarriages of justice’ due to a lack of legal aid and increasing levels of self-representation
The government is considering restricting judicial review challenges against housing schemes, motorways and other major planning applications
Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Couples could legally marry almost anywhere, from canal boats to cruise ships at sea, under proposals launched last week
back-to-top-scroll