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Public sector

24 November 2011
Issue: 7491 / Categories: Case law , Law digest , In Court
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R (on the application of Green) v Gloucestershire County Council; R (on the application of Rowe and another) v Somerset County Council [2011] EWHC 2687 (Admin), [2011] All ER (D) 111 (Nov)

The public sector equality duties imposed important and onerous burdens on public authorities. In carrying out all of their functions they had to have due regard to the statutory equality needs. The question was whether the duties had been carried out in substance by the persons responsible for the decisions in question rather than whether a document referred to as an equality impact assessment (EIA) had been produced.

Carrying out an EIA was not an invariable necessity for conformity with the public sector equality duty but nor (conversely) was evidence that an EIA had been produced, evidence that “due regard” had been given to the statutory equality needs. The substance of the analysis was the key.
 

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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