McCarthy & Ors v Basildon District Council

McCarthy & Ors v Basildon District Council

The court found 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.

Parties
Respondent/claimant: McCarthy & Ors; Appellant/defendant: Basildon District Council
Jurisdiction
England and Wales
Judgment Date
25 November 2008
Procedural Posture
Civil Appeal / Application to Restrict Intervention by Equality and Human Rights Commission
Outcome
Application refused
Legal Topics
Intervention by Third Parties, Duties of Public Authorities, Equality and Anti Discrimination Obligations
Administrative Law Equality Law Intervention by Third Parties Duties of Public Authorities Equality and Anti Discrimination Obligations

Case Brief

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Parties

McCarthy & Ors

Respondent/claimant

Basildon District Council

Appellant/defendant

Procedural Posture

Civil Appeal / Application to Restrict Intervention by Equality and Human Rights Commission

Legal Issues

  1. 1 Whether the Equality and Human Rights Commission should be permitted to intervene and in what capacity
  2. 2 Scope of local authority duties under Race Relations Act and Disability Discrimination Act

Ratio Decidendi

The court found 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

  • Equality and Human Rights Commission permitted to intervene in writing only; oral intervention refused.