Resources

PLP's Resources Library is an online database holding PLP's guides, conference papers, published research and reports, recorded presentations, policy responses, and many other items.  You can search the items by clicking a category or a tag on the left, or using the search function.  Please note the content from conferences, such as papers and audio, are provided for public law practitioners. Public law is a very fast-moving area and some of the information will be out of date or overtaken by events. PLP accept no responsibility for the contents of these items.

 

 

Resources tagged with "Discrimination"


  • photo for Top Public Law Cases of the Year 2016

    Top Public Law Cases of the Year 2016

    November 2 2016 | Conference papers | By Monica Carss-Frisk QC, Iain Steele & Nusrat Zar

    The number and diversity of JR cases is now such that a review of the year can only hope to cover a small sample of the Administrative Court’s workload. The selection of cases here (from September 2015 to August 2016) necessarily reflects our personal choice, and no doubt there are many others that could have been included. We have each picked three cases. They are summarised in chronological order.

  • photo for Public law in public spaces

    Public law in public spaces

    July 15 2016 | Conference papers | By James Stark

    In the last 20 years or so Parliament has provided a rash of purportedly civil remedies to address various types of nuisance or anti-social behaviour. This began with housing ASB injunctions under the Housing Act 1996 which were significantly extended by the Anti-Social Behaviour Act 2003, the ASBO of the Crime and Disorder Act 1998 which whilst originally a stand alone civil remedy became most used after sentencing from criminal offences that constituted such behaviour, to follow have been gang related violence (and now drug dealing) injunctions and there have been or are a number of others such as football banning orders.

  • photo for Investigating the Investigators

    Investigating the Investigators

    June 24 2016 | Conference papers | By Heather Williams QC

    This paper considers the opportunities for legal redress under the Human Rights Act 1998 (“HRA”) where police fail to carry out their investigative responsibilities. The main focus is on the claims available to victims of serious crimes against the person. However, I also examine briefly the position of those accused of crimes who experience delay in their exoneration as a result of incompetent investigation.

  • photo for Lions under the Throne

    Lions under the Throne

    December 2 2015 | Research | By Stephen Sedley

    Sir Stephen Sedley and Cambridge University Press (CUP) have allowed us to publish the introduction to Lions under the Throne, Essays on the History of English Public Law. The first part of this chapter sketches the early growth of English public law. The second part tries to describe what it was like to be involved in the modern take-off of public law as it roused itself from its long sleep.

  • photo for Article 14: Discrimination in State Benefit Cases

    Article 14: Discrimination in State Benefit Cases

    November 6 2015 | Conference papers | By Jamie Burton

    There are no enforceable economic, social or cultural rights in the UK. Although the UK has ratified ICESCR it has not been incorporated into domestic law and the ECHR is of course primarily concerned with civil and political rights. Therefore it is generally uncontroversial that there are no rights to state benefits or social security in the UK. The attempts that have been made to infer such rights under ECHR have largely failed.

  • photo for Private law claims in immigration detention cases

    Private law claims in immigration detention cases

    July 1 2015 | Conference papers | By Alison Pickup, Martha Spurrier & Harriet Wistrich

    This paper covers some of the key issues that arise in private law immigration detention claims, as opposed to public law claims. It is not exhaustive but aims to provide an overview of the points that lawyers bringing civil claims need to be aware of. The session is intended to be discursive and we are happy to deal with any questions or conundrums as we go along, either arising out of the areas covered below, or relating to other issues that come up in immigration detention civil claims.

  • photo for An Independent Review of the Mandatory Civil Legal Advice Gateway

    An Independent Review of the Mandatory Civil Legal Advice Gateway

    March 2 2015 | Research | By Ben Hickman & David Oldfield

    This research paper considers the extent to which the Ministry of Justice review of the Mandatory Civil Legal Advice Telephone Gateway engages with the key legislative and policy intentions behind it, as well as the extent to which the Gateway, as implemented, meets those intentions.

  • photo for Challenging Community Care Decisions after McDonald and KM

    Challenging Community Care Decisions after McDonald and KM

    October 15 2012 | Conference papers | By Stephen Broach and Stephen Cragg QC

    Issues and central principles arising out of both cases, including the assessment duty, the positive obligations owed to disabled people under Article 8 ECHR, the use of the Resource Allocation Schemes to calculate 'indicative budgets', and the duty to meet assessed needs where 'necessary'. The barristers, who between them acted for the claimants in both cases, discuss how the central principles of the cases can and should be applied in future challenges to community care decisions.

  • photo for Consultation - the impact of section 149 EA 2010

    Consultation - the impact of section 149 EA 2010

    October 2 2012 | Conference papers | By Ben McCormack

    This paper provides an analysis of Section 149 of the Equality Act 2010, which imposes extensive legal duties on public authorities by requiring them to pay due regard to the need to eliminate discrimination and promote equality with regard to the various 'protected characteristics'. It looks at the impact of Section 149 on the requirement to consult, and the way in which public authority's own financial resources can bear upon the performances of the duty.

  • photo for An update on Social Care Reform

    An update on Social Care Reform

    July 12 2012 | Audio files | By Frances Patterson QC

    Frances Patterson QC, Public Law Commissioner at The Law Commission, gives an update on social care reform at our Public Law and Judicial Review North conference on 12 July 2012.

  • photo for Public Law Reform: An Update on Social Care

    Public Law Reform: An Update on Social Care

    July 12 2012 | Conference papers | By Frances Patterson QC

    This paper proves an overview of the government's promise to reform the adult social care law, following the Law Commission's published proposals for reform of legislation governing care and support for older and disabled people, those with mental health problems and carers. It also analyses the government's response to the Law Commission's recommendations and consideration of the future reform of the law.

  • photo for Judicial Review and Welfare Benefits

    Judicial Review and Welfare Benefits

    July 12 2012 | Conference papers | By Desmond Rutledge

    An analysis of the issue of judicial review and welfare benefits, covering the following topics: social welfare decisions that are amenable to judicial review; delay, financial hardship and interim payments; benefit problems linked to immigration status; the enforcement of overpayments as debts.

  • photo for Litigating the Cuts: Recent Cases and Current Themes

    Litigating the Cuts: Recent Cases and Current Themes

    April 4 2012 | Conference papers | By Louise Whitfield

    Louise Whitfield pioneered the use of the equalities duties challenge funding decisions and continues to make ground breaking cases for community groups and NGOs, using the Administrative Court. This paper explores the development of this area through the analysis of recent cases.

  • photo for Getting the Measure of Mental Health

    Getting the Measure of Mental Health

    April 4 2012 | Conference papers | By Eve Piffaretti and Alun Thomas

    This paper considers changes made to the legislative arrangement in respect of the rights of people with mental health problems in Wales by the Mental Health (Wales) Measure 2010 and how those rights can be enforced. The authors analyse how the Measure was drafted, its implementation via associated Regulations and what the likely impact will be.