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26 February 2010
Issue: 7406 / Categories: Case law , Law digest
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Housing

Tomlinson and others v Birmingham City Council 2010] UKSC 8, [2010] All ER (D) 192 (Feb)

Cases where the award of services or benefits in kind was not an individual right of which the applicant could consider himself the holder, but was dependent upon a series of evaluative judgments by the provider as to whether the statutory criteria were satisfied and how the need for it ought to be met, did not engage Art 6(1) of the European Convention on Human Rights.

They did not give rise to “civil rights” within the autonomous meaning that was given to that expression for the purposes of that article. Accordingly, an appeal on a point of law to the County Court under s 204 of the Housing Act 1996 did not engage Art 6(1).
 

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

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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