Two cab drivers guilty of refusing to pick up blind man and guide dog – Daily Telegraph

Posted November 21st, 2014 in disabled persons, equality, news, prosecutions, taxis by tracey

‘A blind man who was left standing in the pouring rain when two cab drivers refused to transport his guide dog has welcomed the decision to prosecute the pair so that “other people will not have to suffer”.

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Daily Telegraph, 21st November 2014

Source: www.telegraph.co.uk

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Regina (Cushnie) v Secretary of State for Health – WLR Daily

Posted November 18th, 2014 in asylum, equality, health, law reports, medical treatment, regulations by sally

Regina (Cushnie) v Secretary of State for Health [2014] EWHC 3626 (Admin); [2014] WLR (D) 484

‘Regulation 11(c) of the National Health Service (Charges to Overseas Visitors) Regulations 2011 contravened the provisions of section 149 of the Equality Act 2010 by reason of a lack of regard to the need to promote equality of opportunity for disabled people.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

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Article 6 – the Right to a fair trial – and discrimination in the Armed Forces – Cloisters

‘At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brought by those in the Armed Forces: Duncan v Ministry of Defence.’

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Cloisters, 23rd October 2014

Source: www.cloisters.com

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Colm O’Cinneide and Kate Malleson: Are quotas for judicial appointments lawful under EU law? – UK Constitutional Law Association

‘In April 2014 Sadiq Khan, Shadow Secretary of State for Justice, asked Karon Monaghan QC and Geoffrey Bindman QC to review the options for a future Labour Government to improve diversity in the judiciary. On November 6th their report, entitled “Judicial Diversity: Accelerating change”, was published. Starting from the premise that “[t]he near absence of women and Black, Asian and minority ethnic judges in the senior judiciary is no longer tolerable”, it proposes a range of recommendations designed to speed up the glacial pace of change. Perhaps the most controversial of these is for the introduction of a quota system for women and BAME candidates. The report reviews the use of quotas in other UK institutions as well as their use in judicial appointments processes around the world, before addressing the question of whether such quotas would be lawful under EU law. This is a key question: EU law casts a long shadow in this context, as the Monaghan and Bindman report makes clear, given that any legislation enacted in Westminster to give effect to a quota system in the process of judicial appointments must conform to the requirements of EU law.’

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UK Constitutional Law Association, 12th November 2014

Source: www.ukconstitutionallaw.org

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Disabled man forced off bus by refusal to move pram sparks equality test case – The Guardian

‘A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.’

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The Guardian, 11th November 2014

Source: www.guardian.co.uk

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Firms’ disability access ‘unlawful’ – BBC News

Posted November 10th, 2014 in disabled persons, equality, news, taxis, transport by sally

‘The government is writing to a string of high street chains urging them to improve after a BBC London investigation revealed a “depressing” failure to accommodate disabled people.’

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BBC News, 10th November 2014

Source: www.bbc.co.uk

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High Court judge rejects challenge to withdrawal of wheelchair bus service – Local Government Lawyer

‘A city council has successfully defended a High Court challenge to its decision to withdraw a wheelchair bus service.’

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Local Government Lawyer, 23rd October 2014

Source: www.localgovernmentlawyer.co.uk

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Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm – The Guardian

Posted October 23rd, 2014 in employment, equality, news, race discrimination, self-employment, taxis by sally

‘Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm.’

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The Guardian, 22nd October 2014

Source: www.guardian.co.uk

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Women make up only 25% of judges in England and Wales – The Guardian

Posted October 10th, 2014 in diversity, equality, judiciary, news, reports, women by sally

‘The UK judicial system lags well behind the rest of Europe in terms of gender balance, according to a study of the relative efficiency of justice systems published on Thursday.’

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The Guardian, 9th October 2014

Source: www.guardian.co.uk

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Council’s decision to close elderly care home not unlawful – UK Human Rights Blog

Posted October 3rd, 2014 in care homes, equality, human rights, judicial review, local government, news by tracey

‘Karia, R (on the application of) v Leicester City Council (Sir Stephen Silber, acting as High Court Judge) [2014] EWHC 3105 (Admin) (30 September 2014. In a robust judgment Sir Stephen Silber has asserted that neither the ordinary laws of judicial review, nor the Equality Act nor the Human Rights Act require the courts to micro-manage the decisions of public authorities. Indeed the latter two statutory powers are not designed as a back door into a merits review of a decision that is restricted to the court’s review of the legality of a public sector decision.’

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UK Human Rights Blog, 2nd October 2014

Source: http://ukhumanrightsblog.com

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Council defeats claim brought on behalf of 101 year old over care home closure – Local Government Lawyer

Posted October 1st, 2014 in care homes, elderly, equality, judicial review, local government, news by tracey

‘A city council has successfully defended a High Court challenge brought on behalf of a 101-year-old resident over its decision to close her care home.’

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Local Government Lawyer, 30th Spetember 2014

Source:  www.localgovernmentlawyer.co.uk

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Bar Council publishes third representational annual report – The Bar Council

Posted September 22nd, 2014 in advocacy, barristers, budgets, costs, diversity, equality, fees, legal aid, news, reports by sally

‘The Bar Council, which represents barristers in England and Wales, has today published the third edition of its annual report, ‘Representing the Bar’, which focuses on the organisation’s representational activities and performance against key strategic aims for 2013-14.’

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The Bar Council, 19th September 2014

Source: www.barcouncil.org.uk

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Victims’ Rights, the EU Charter, and Passport Confiscation – the Human Rights Roundup – UK Human Rights Blog

‘In recent news, the government outlines proposals for increased rights for the victims of crime, as well as for the revocation and confiscation of passports for ISIS fighters returning to the UK. In other news, the legality of the EU Charter comes back to haunt Chris Grayling once again.’

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UK Human Rights Blog, 15th September 2014

Source: www.ukhumanrightsblog.com

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The public sector equality duty and priority need – NearlyLegal

‘In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public sector equality duty added an additional obligation on housing officers when they came to consider whether an applicant had a priority need. As you will all know the public sector equality is an obligation placed on public authorities by s.149, Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Broken down, when someone is disabled, the duty further requires an authority to have due regard to the need to take steps to take account of a person’s disability.’

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NearlyLegal, 7th September 2014

Source: www.nearlylegal.co.uk

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Mothers’ names to be added to UK marriage registers in equality move – The Guardian

‘The names of couples’ mothers are to be added to marriage registers for the first time as the government addresses “another inequality in marriage” by introducing the first reforms to the system in more than 150 years, David Cameron has announced.’

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The Guardian, 18th August 2014

Source: www.guardian.co.uk

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Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

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Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

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Arguably Serious – Aster Communities Ltd v Akerman-Livingstone – NearlyLegal

‘Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.’

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NearlyLegal, 5th August 2014

Source: www.nearlylegal.co.uk

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Church faces legal challenge after blocking job offer to married gay priest – The Guardian

‘The first priest to marry his same-sex partner is to issue a legal challenge to the Church of England after his offer of a job as an NHS chaplain was withdrawn when his bishop refused the necessary permission.’

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The Guardian, 4th August 2014

Source: www.guardian.co.uk

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Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone – WLR Daily

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081; [2014] WLR (D) 350

‘In possession proceedings the court should approach a defence based on disability discrimination under section 15 of the Equality Act 2010 in the same way as it would approach one based on article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Kanu v Southwark London Borough Council – WLR Daily

Posted July 31st, 2014 in appeals, disabled persons, equality, homelessness, law reports, local government by michael

Kanu v Southwark London Borough Council [2014] EWCA Civ 1085;  [2014] WLR (D) 344

‘Where an applicant with a disability sought housing assistance as homeless, section 149(1) of the Equality Act 2010 did not require a housing authority to do any more than was required by the Housing Act 1996. The public sector equality duty in section 149 of the 2010 Act could not extend to requiring a housing authority to secure accommodation for a disabled person in circumstances where his disability did not render him vulnerable.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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