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02 August 2007 / Nicholas Dobson
Issue: 7284 / Categories: Features , Public
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A private function?

The House of Lords has clarified the meaning of public functions. Nicholas Dobson explains

On 20 June 2007 the law lords in YL v Birmingham City Council and others [2007] UKHL 27, [2007] All ER (D) 207 (Jun) finally removed what has for some years been a grumbling legal appendix. This was whether a private care home was conducting public functions for the purposes of the Human Rights Act 1998 (HRA 1998), s 6 when providing care and accommodation for a publicly funded resident. The majority answer was no—Lord Bingham and Baroness Hale dissenting.

Lord Mance considered the intention of Parliament in enacting HRA 1998 and noted the observation of Lord Rodger in Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank [2003] UKHL 37, [2003] 3 All ER 1213 that a purposive construction of s 6(1) indicates that “the essential characteristic of a public authority is that it carries out a function of government which would engage the responsibility of the United Kingdom before the Strasbourg organs”.

PUBLIC FUNDING

Lord Mance

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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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