Assisted suicide: Paul Lamb renews bid for right to die – BBC News
‘A man who lives with chronic and excruciating pain has begun a fresh legal challenge to the law that criminalises assisted suicide.’
BBC News, 7th May 2019
Source: www.bbc.co.uk
Category: disabled persons
CMC censured over ‘all birth injuries caused by negligence’ claim – Litigation Futures
‘The Advertising Standards Authority (ASA) has upheld a complaint against a claims management company whose advertising implied that birth injuries were only caused by medical negligence.’
Litigation Futures, 1st May 2019
Source: www.litigationfutures.com
Tribunal rejects law firm’s bid to strike out disability claim – Legal Futures
‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’
Legal Futures, 2nd May 2019
Source: www.legalfutures.co.uk
Workplace stress drives up disability discrimination claims by more than a third, employment law experts say – Daily Telegraph
‘Workplace stress drives up disability discrimination claims by more than a third, employment law experts suggest.’
Daily Telegraph, 28th April 2019
Source: www.telegraph.co.uk
The Inheritance Act and Adult Child Claimants – recent guidance from the Chancery Division – Family Law Week
‘Gwyn Evans, barrister of Tanfield Chambers, explains the court’s judgment in a recent Inheritance Act case involving an estranged adult claimant, reliant on state benefits, and defendants for whom inheritance was a windfall.’
Family Law Week, 29th March 2019
Source: www.familylawweek.co.uk
Court hears test case on ability of parents to make decisions for children over 18 with learning disabilities – Local Government Lawyer
‘The Court of Protection will this week hear a test case brought by the parents of three young people with learning disabilities over the position under current law which prevents them being able to make best interests decisions on behalf of their children as they are now over 18.’
Local Government Lawyer, 26th March 2019
Source: www.localgovernmentlawyer.co.uk
Capacity to tweet? – Doughty Street Chambers
‘In two judgments (Re A and Re B) Cobb J has confirmed that capacity to make decisions about internet and social media use do not form a “subset” of of a person’s ability to make decisions about care or contact. Capacity to use the internet and social media are “inextricably linked; the internet is the communication platform on which social media operates. For present purposes, it does not make sense in my judgment to treat them as different things. It would, in my judgment, be impractical and unnecessary to assess capacity separately in relation to using the internet for social communications as to using it for entertainment, education, relaxation, and/or for gathering information.”‘
Doughty Street Chambers, 26th February 2019
Source: insights.doughtystreet.co.uk
Phillip Nicholson: ‘Chances missed’ to protect murdered man – BBC News
‘A vulnerable man who was murdered by his ex-partner and her lover could have been better protected, a review found.’
BBC News, 14th March 2019
Source: www.bbc.co.uk
A Brief Guide to Carrying out Capacity Assessments -39 Essex Chambers
‘This purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’
39 Essex Chambers, March 2019
DWP defeats public sector equality duty challenge over method of communication with homeless man – Local Government Lawyer
‘The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.’
Local Government Lawyer, 11th March 2019
Source: www.localgovernmentlawyer.co.uk
Capacity to use the internet – Transparency Project
‘Two recent judgments in the Court of Protection sparked the usual inaccurate headlines suggesting that the court had ridden roughshod over the rights of adults with learning difficulties to access the internet, and more specifically social media. In particular this one from The Times stood out: Social workers can stop vulnerable people using social media.’
Transparency Project, 9th March 2019
Source: www.transparencyproject.org.uk
Taxi driver loses appeal over conviction for making additional charge of wheelchair user – Local Government Lawyer
‘A taxi driver has lost an appeal over his conviction of an offence under the Equality Act 2010 of making an additional charge for a disabled person in a wheelchair.’
Local Government Lawyer, 28th February 2019
Source: www.localgovernmentlawyer.co.uk
Equality Act – Local Government Law
‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’
Local Government Law, 25th February 2019
Source: local-government-law.11kbw.com
Taxi driver who refused guide dog loses licence – BBC News
‘A taxi driver who refused to pick up a blind couple and their guide dog has lost his licence.’
BBC News, 7th February 2019
Source: www.bbc.co.uk
Sacked 88-year-old hospital secretary becomes oldest person ever to win age discrimination case – Daily Telegraph
‘An 88-year-old hospital secretary has become the oldest person ever to win an age discrimination case after she was marched out her office and later dismissed over “frality” claims.’
Daily Telegraph, 6th February 2019
Source: www.telegraph.co.uk
