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24 July 2015
Issue: 7662 / Categories: Case law , Law digest , In Court
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Housing

R (on the application of Cornwall Council) v Secretary of State for Health and others [2015] UKSC 46, [2015] All ER (D) 91 (Jul)

The Supreme Court allowed the appeals by the secretary of state for health and Somerset County Council against the judgment of the Court of Appeal which had decided that, P, a severely disabled person lacking capacity, was ordinarily resident in South Gloucestershire when he reached the age of 18 for the purpose of deciding which local authority was responsible for his accommodation under the relevant provisions of the National Assistance Act 1948. The Supreme Court decided that the Court of Appeal’s decision ran counter to the policy of the Act and that on a correct interpretation of the Act, the responsible local authority was Wiltshire Council.

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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 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
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
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

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