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12 April 2013
Issue: 7555 / Categories: Case law , Law digest , In Court
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National Health Service

R (on the application of Copson) v Dorset Healthcare University NHS Foundation Trust [2013] EWHC 732 (Admin), [2013] All ER (D) 24 (Apr)

It was established law that the burden was on the claimant to establish a failure to comply with s 149(1) of the Equality Act 2008. It was not on the defendant to prove that it had complied with that provision (see [57] of the judgment). In the instant case, it was obvious that the defendant had had the public sector equality duty well in mind. That was apparent from the fact that an Equality Impact Assessment (EIA) had been procured and repeatedly reviewed. Further, the instant case had concerned the provision of services to persons with a relevant protected characteristic, and the relevant protected characteristic was the reason for the provision of services to them.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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