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21 October 2010
Issue: 7438 / Categories: Case law , Law digest
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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

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NLJ Career Profile: Nikki Bowker, Devonshires

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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