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15 March 2012
Issue: 7505 / Categories: Case law , Law digest , In Court
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Local authorities

R (on the application of NM) v Islington London Borough Council [2012] EWHC 414 (Admin), [2012] All ER (D) 35 (Mar)

Parliament could not have intended to create an obligation of assessment in relation to a very wide class of cases of future provision of services, since doing so would create a serious risk of scarce resources available to local authorities for community care being wasted through assessments being carried out for no ultimate good purpose.

In interpreting the intended ambit of the class of cases of future provision covered by s 47(1) of the National Health Service and Community Care Act 1990, it was necessary to bear in mind that the relevant condition set out in the opening part of the provision was expressed in the present tense, so it was reasonable to suppose that Parliament intended the relevant extension to cover future cases on pragmatic grounds to be narrow. The future cases intended to be covered were those which were closely analogous to those where there was a (possible) present need for provision of community

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MOVERS & SHAKERS

Freeths—Heather Gibson

Freeths—Heather Gibson

Freeths strengthens national tax team with Heather Gibson appointment

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

NEWS
A client cannot use a costs assessment to investigate whether their solicitor received commission on an after-the-event (ATE) insurance premium, the Court of Appeal has held
Law firms cannot be compelled to disclose documents protected by unwaived legal professional privilege (LPP) during misconduct investigations, the High Court has clarified
Solicitors have urged regulators not to impose unnecessary cost and complexity on third-party litigation funding
Employees who lose a spouse, partner, parent, adult child or sibling will have a legal right to bereavement leave from next April, the government has confirmed
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