McCarthy & Ors v Basildon District Council [2008] EWCA Civ 1586 (25 November 2008)

McCarthy & Ors v Basildon District Council [2008] EWCA Civ 1586 (25 November 2008)

The court held that a written intervention by the Equality and Human Rights Commission would be beneficial to provide guidance on the duties of local authorities, but there was no need for oral intervention.

Citation
[2008] EWCA Civ 1586
Parties
Respondent/claimant: MCCARTHY & Ors; Appellant/defendant: Basildon District Council
Jurisdiction
England and Wales
Judgment Date
25 November 2008
Procedural Posture
Civil Appeal / Application Regarding Intervention on Appeal
Outcome
Application refused
Legal Topics
Intervention by Third Parties, Equality and Human Rights Commission Powers, Local Authority Duties, Race Relations Act, Disability Discrimination Act
Administrative Law Equality Law Intervention by Third Parties Equality and Human Rights Commission Powers Local Authority Duties Race Relations Act Disability Discrimination Act

Case Brief

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Parties

MCCARTHY & Ors

Respondent/claimant

Basildon District Council

Appellant/defendant

Procedural Posture

Civil Appeal / Application Regarding Intervention on Appeal

Legal Issues

  1. 1 Whether the Equality and Human Rights Commission should be permitted to intervene in the appeal and, if so, in what form

Ratio Decidendi

The court held that a written intervention by the Equality and Human Rights Commission would be beneficial to provide guidance on the duties of local authorities, but there was no need for oral intervention.

Court Disposition

Application refused

Orders

  • The Equality and Human Rights Commission is permitted to intervene by written submissions only; oral intervention is refused.