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13 November 2008
Issue: 7345 / Categories: Features , Public , Community care
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A matter of standards

Ed Mitchell & Clive Lewis QC on care home closures and the plight of vulnerable adults

In theory, a claim for judicial review of a local authority’s decision to close one of its care homes may succeed. In practice, however, successful claims are few and far between. Another addition to the list of failed claims was recently made by the High Court in R (Thomas) v Havering LBC; R(W) v Coventry CC [2008] EWHC 2300 (Admin).

The closures in the Havering & Coventry case were challenged on three grounds. First, that the closures would, if implemented, violate Art 2 of the European Convention on Human Rights which provides that “everyone’s right to life shall be protected by law”. Second, that the councils had failed to take into account evidence showing a link between care home transfer and increased mortality rates. Third, that the councils had failed, prior to making the decisions to close, to undertake an individual assessment of the effect of a move on each resident.

All grounds of challenge were rejected by

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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