“… of the Disability Discrimination Act 1995 which had eventually been adopted by the House of Lords in Lewisham London Borough Council v Malcolm [2008] UKHL 43; [2008] 1 AC 1399. The House of Lords reversed the decision of the Court of Appeal in that case ([2007] EWCA Civ 763; [2008] Ch 119), which had been to the effect that the fact …”
“…2] above which I explain in paragraph [68] below). I add this concurring judgment because I was also one of the members of this Court in Lewisham LBC v Malcolm [2008] 1 AC 1399 almost exactly eleven years ago (and indeed I wrote the first judgment in that case ([2008] Ch 129)), and because, in my judgment, it is helpful to see section…”
“…o a claim by a landlord for possession if the tenant can show that the claim is discriminatory so as to be unlawful: see Lewisham LBC v Malcolm [2008] UKHL 43; [2008] 1 AC 1399. Although Lord Bingham said at paragraph 19 of his judgment, that such a defence would not be “made out very often”, Lady Hale, at paragraph 104, disagreed, sa…”