Mushtaq Khan, Freeths, Nottingham

It’s Elementary……….

Or maybe not. Judgments need to be based on sound evidence as was found out by the good Judge in the case of Swan Housing Association v Cary Gill EWCA Civ 1566.

In this case the Judge’s finding was that the housing association’s tenant suffered from Asperger’s syndrome and was therefore disabled was not supported by evidence. His conclusions were therefore, that in proceedings with an application for anti-social behaviour injunction under the Housing Act 1996 s.153A, the housing association had breached the Equality Act 2010 s.35 and the public sector equality duty under s.149, was fundamentally flawed.

Lessons to be learned:

  • Make sure you base your decisions on sound evidence.
  • Question whether the decisions and judgements of others including Judges is based on sound evidence…