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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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