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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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Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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