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30 October 2008
Issue: 7343 / Categories: Case law , Law digest , Employment
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Employment law

Chagger v Abbey National plc [2008] All ER (D) 157 (Oct)

(i) Claimants who formulate their claim on the basis of “colour discrimination” will inevitably be complaining of discrimination on the ground of race and ethnic origin, and two factors which explicitly attract the operation of s 54A of the Race Relations Act 1976.

(ii) In assessing compensation in a discrimination case, it is relevant to take into account the chance that the respondent might have caused the same damage lawfully if he had not done so on discriminatory grounds.

(iii) The risk that future potential employers may decline to employ the claimant because of the claim which he has brought is not a matter which can be reflected in his compensation: the natural scope of liability for a discriminatory dismissal does not extend beyond the injury inherent in the loss of the employment in question.

Issue: 7343 / Categories: Case law , Law digest , Employment
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MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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