Saturday, 2 October 2010

Challenging Jackson

I had a long talk with the founding partners of Gadsby Wicks,the highly regarded clinical negligence firm,this week.They are concerned that the proposal to end the recoverability of liabilities will kill their work.
One argument they raised against this was based upon section 1 of the Equality Act 2010 ,part of which was enacted yesterday.Section 1 does indeed seek to impose upon public authorities a duty to have regard to the reduction of socio-economic inequalities.
Sadly ,i do not think this will stand up.The section is not in force and i have it on high authority that the new government will never implement it,a measure created by the previous government.Section 2 is noteworthy for empowering the government to carve out exclusions from section 1 at will.I know a little bit about employment law and fear that this argument will never get off the ground.
Now Article 6 may be a better bet.I think ,professionally and personally,the next 3 months are going to be amazing.We shall see.