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04 May 2007
Issue: 7271 / Categories: Legal News , Public , Human rights , Community care
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Lords to rule on care home eviction

The House of Lords was this week pondering whether or not the Human Rights Act 1998 should be applied in the case of an 83-year-old Alzheimer’s patient threatened with eviction from her private care home.

The patient, YL, was placed in the care home in January 2006 by her local authority. The care home wants YL out following a row between YL’s family and the care home management. The Law Lords are considering whether the Act should apply to residents in the homes of private sector care providers where they have been placed in them, and funded by, local authorities under their statutory duties.

The home’s owners, Southern Cross Health Care Ltd, are arguing that they are not undertaking a public function.

Irwin Mitchell lawyer, Yogi Amin, who is acting for YL, says care homes are undertaking a public function in providing accommodation and caring for some of the most vulnerable people in society, and they need to accept the responsibility that goes with it.

“It is difficult to understand

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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