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Public Sector Equality Duty. Court of Appeal - Luton Community Housing Partnership v Durdana

The Court of Appeal (LJJ Patten, Moylan, Newey) heard the appeal in the case Luton Community Housing Partnership v Durdana. The Equality and Human Rights Commission intervened. The barristers for both parties were from 4-5 Gray’s Inn Square. Jonathan Manning and Stephanie Lovegrove appeared for the housing association who were the appellants and Toby Vanhegan and Katie Lines appeared for Ms Durdana. Judgment was reserved. 

The appeal concerned whether or not the Judge had been right to dismiss the possession claim for breach of the PSED. The court heard arguments about whether there had been a breach of the PSED, if there had been, whether it was appropriate to dismiss the claim, and whether the judge had been right to find that it was not reasonable to order possession because of the breach of the PSED. The judgment will be another important decision on PSED in the area of housing law.

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