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Lewisham London Borough Council v Malcolm [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] UKHL 43.The case concerned the practical application of the Disability Discrimination Act 1995 in housing. A local authority (L) tried to evict a disabled person (M), who had moved elsewhere, from his council flat because he had sublet the property in breach of the terms of his tenancy agreement. L had served a notice to quit and started possession order proceedings. M argued that he was disabled under the 1995 Disability Discrimination Act, and that L had unlawfully discriminated against him. The Court of Appeal found in favour of M, however L then appealed. Held: appeal allowed. There was no evidence of discrimination by L against M, or that L was aware of M's disability when it made its decision to evict. Nor was there evidence that he was being treated less favourably than others who had sublet and were not disabled. The approach adopted by the previous court to comparators in Clark v TDG Ltd was wrong. Taylor v OCS Group Ltd applied.
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Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 144352-1001

[2008] UKHL 43.The case concerned the practical application of the Disability Discrimination Act 1995 in housing. A local authority (L) tried to evict a disabled person (M), who had moved elsewhere, from his council flat because he had sublet the property in breach of the terms of his tenancy agreement. L had served a notice to quit and started possession order proceedings. M argued that he was disabled under the 1995 Disability Discrimination Act, and that L had unlawfully discriminated against him. The Court of Appeal found in favour of M, however L then appealed. Held: appeal allowed. There was no evidence of discrimination by L against M, or that L was aware of M's disability when it made its decision to evict. Nor was there evidence that he was being treated less favourably than others who had sublet and were not disabled. The approach adopted by the previous court to comparators in Clark v TDG Ltd was wrong. Taylor v OCS Group Ltd applied.