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20 February 2015
Issue: 7641 / Categories: Case law , Law digest , In Court
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Housing

R (on the application of Kent County Council) v Secretary of State for Health [2015] EWCA Civ 81, [2015] All ER (D) 129 (Feb)

The defendant secretary of state decided that the claimant local authority was obliged to fund NA’s accommodation, as he was ordinarily resident in its area. The claimant sought judicial review, relying on s 24(5) of the National Assistance Act 1948, deeming a person ordinarily resident in a local authority area when he was, in fact, ordinarily resident elsewhere. The Court of Appeal, Civil Division, in dismissing the application, held that both references to residential accommodation in s 24(5) of the Act concerned that provided under the Act and that the deeming provision had no effect on the conclusion that NA was ordinarily resident in the claimant’s area.

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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