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Lewisham LBC V Malcolm And EHRC
was a case concerning disability discrimination and the application of equality legislation in the United Kingdom, relevant for UK labour law. It replaced the head of disability-related discrimination from the DDA 1995 with the Equality Act 2010br>section 15on discrimination arising from disability. Facts Courtney Malcolm, a secure council tenant in Lewisham, had schizophrenia. He sublet his house, forfeiting his right to buy under the Housing Act 1985 section 93. At the time, Malcolm had not been taking his medication. The council, unaware of Malcolm's schizophrenia, terminated his tenancy and gave him a notice to quit. A possession order was granted on the basis that a causal connection between schizophrenia and subletting had not been established. Judgment Court of Appeal The Court of Appeal quashed the possession, saying it was contrary to DDA 1995 s 22(3) and that it was sufficiently in response to a disability-related reason as to satisfy s 24(1)(a). Questions raised in ...
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Lord Bingham Of Cornhill
Sir Thomas Henry Bingham, Baron Bingham of Cornhill, (13 October 193311 September 2010), was an eminent British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. He was described as the greatest lawyer of his generation. Baroness Hale of Richmond observed that his pioneering role in the formation of the United Kingdom Supreme Court may be his most important and long-lasting legacy.Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) p 209. Lord Phillips of Worth Matravers regarded Bingham as "one of the two great legal figures of my lifetime in the law" (the other figure, in context, being Lord Denning).Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) xlvii. David Hope, Baron Hope of Craighead described Bingham as "the greatest jurist of our time". After retiring from the judiciary in 2008, Bingham focused on teaching, writing, and lecturing on legal subject ...
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Housing Act 1985
The Housing Act 1985 is a British Act of Parliament. The act introduced laws relating to the succession of Council Houses.Wilson, W. (2014) ''Succession rights and social housing'', House of Commons Research Paper, SN/SP/1998, p. 2 It also facilitated the transfer of council housing to not-for-profit housing associations. ;Overcrowding:Paragraph 236 Replicates the 1935 Housing Act, Part 10, including using space standards as a means by which to control overcrowding. A breach of these standards is a criminal offence. A child under 10, is a 1/2 person. See also *English land law *Housing Act 1980 The Housing Act 1980 was an Act of Parliament passed by the Parliament of the United Kingdom that gave five million council house tenants in England and Wales the Right to Buy their house from their local authority. The Act came into force on 3 ... * Public housing in the United Kingdom § Stock transfer References ;Notes ;Bibliography * {{Housing in the United Kingdom United K ...
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2008 In United Kingdom Case Law
8 (eight) is the natural number following 7 and preceding 9. In mathematics 8 is: * a composite number, its proper divisors being , , and . It is twice 4 or four times 2. * a power of two, being 2 (two cubed), and is the first number of the form , being an integer greater than 1. * the first number which is neither prime nor semiprime. * the base of the octal number system, which is mostly used with computers. In octal, one digit represents three bits. In modern computers, a byte is a grouping of eight bits, also called an octet. * a Fibonacci number, being plus . The next Fibonacci number is . 8 is the only positive Fibonacci number, aside from 1, that is a perfect cube. * the only nonzero perfect power that is one less than another perfect power, by Mihăilescu's Theorem. * the order of the smallest non-abelian group all of whose subgroups are normal. * the dimension of the octonions and is the highest possible dimension of a normed division algebra. * the first number ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ...
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English Contract Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Englis ...
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United Kingdom Company Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Clark V TDG Ltd (t/a Novacold Ltd)
''Clark v TDG Ltd (t/a Novacold Ltd)'' 999IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995. Facts Mr Clark was injured at work (a frozen food warehouse in Hull). He was then dismissed when an orthopaedic doctor said he did not know when he would be able to start again. Judgment Mummery LJ said that the DDA drew no distinction between direct and indirect discrimination, and a justification defence is always available. The comparator was someone who was not disabled and could do the work. There certainly was discrimination, but on the question of justification, no attention had been paid to the Code of Practice. Significance Some of the comments in thiecase are no longer good law. Since Directive 2000/78/EC, there has been an amendment to the Disability Discrimination Act so that a distinction between direct and indirect discrimination was introduced, and the language of the Act clarified. '' Lewisham LBC v Malcolm and EHRC'' 008UKHL 43, 008IRLR 70 ...
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Mummery LJ
Sir John Frank Mummery, Deputy Lieutenant, DL (born 5 September 1938) is a former Lord Justice of Appeal and is President of the Investigatory Powers Tribunal and a member of the Court of Ecclesiastical Causes Reserved in the UK. Education Mummery attended Dover Grammar School for Boys between 1949 and 1957 and then Pembroke College, Oxford. Legal career Mummery was called to the bar (Gray's Inn) in 1964, becoming a bencher in 1985. He was a Junior Treasury Counsel (charity matters 1977–1981; chancery matters 1981–1989). By the 1970s he was known as a copyright barrister, being consulted on matters such as Led Zeppelin's ''Black Mountain Side'' and its relation to Bert Jansch's version of ''Down by Blackwaterside.'' He also represented Apple Corps in efforts to stop the distribution of recordings of ''The Beatles in Hamburg''. He was appointed a Recorder (judge), recorder in 1989 before being appointed a High Court judge (England and Wales), High Court judge on 4 October t ...
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Social Model Of Disability
The social model of disability identifies systemic barriers, derogatory attitudes, and social exclusion (intentional or inadvertent), which make it difficult or impossible for disabled people to attain their valued functionings. The social model of disability diverges from the dominant medical model of disability, which is a functional analysis of the body as a machine to be fixed in order to conform with normative values. While physical, sensory, intellectual, or psychological variations may result in individual functional differences, these do not necessarily have to lead to disability unless society fails to take account of and include people intentionally with respect to their individual needs. The origin of the approach can be traced to the 1960s, and the specific term emerged from the United Kingdom in the 1980s. The social model of disability seeks to redefine ''disability'' to refer to the restrictions caused by society when it does not give equitable social and structur ...
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Clark V Novacold
''Clark v TDG Ltd (t/a Novacold Ltd)'' 999IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995. Facts Mr Clark was injured at work (a frozen food warehouse in Hull). He was then dismissed when an orthopaedic doctor said he did not know when he would be able to start again. Judgment Mummery LJ said that the DDA drew no distinction between direct and indirect discrimination, and a justification defence is always available. The comparator was someone who was not disabled and could do the work. There certainly was discrimination, but on the question of justification, no attention had been paid to the Code of Practice. Significance Some of the comments in thiecase are no longer good law. Since Directive 2000/78/EC, there has been an amendment to the Disability Discrimination Act so that a distinction between direct and indirect discrimination was introduced, and the language of the Act clarified. ''Lewisham LBC v Malcolm and EHRC'' 008UKHL 43, 008IRLR 700 ...
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Quash
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer. A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that some court document such as a subpoena was not issued or delivered following the required procedure. For example, a party that receives improper service of process may file a motion to quash. In the context of a court hearing an appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ..., de ...
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Sublet
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. Basically a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use. The term rental agreement can refer to two kinds of leases: * A lease in which the asset is tangible property. Here, the user '' rents'' the asset (e.g. land or goods) ''let out'' or ''rented out'' by the owner (the verb ''to lease'' is less precise because it can r ...
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