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Needs, Resources and the Court of Appeal. What the Gloucestershire judgement really means.

Stephen Cragg, Project Solicitor, Public Law Project examines the background to this crucial recent judgement and explains the implications

1 July 1996

Needs, Resources and the Court of Appeal:
What the Gloucestershire judgement really means.

Stephen Cragg, Project Solicitor, Public Law Project examines the background to this crucial recent judgement and explains the implications.

The Court of Appeal judgement in R v Gloucestershire County Council ex parte Barry1 has shocked many local authorities who believe that it will be impossible to implement while users groups delightedly see it as the culmination of a 25 year campaign to clarify the nature of the duties in the Chronically Sick and Disabled Persons Act 1970. Very many elderly people are disabled as well and every legal adviser needs to know what rights to services his or her clients now have. This article explores the Court of Appeal decision in depth and considers some of the consequences. Readers should note that the case goes to the House of Lords later this year.

The facts

The facts of the Gloucestershire case are...

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