“…t even if there has been a breach of the PSED at the outset of the proceedings, it may be possible to carry out the assessment belatedly: Barnsley MBC v Norton [2011] EWCA Civ 834 (“Norton”), Powell v Dacorum [2019] EWCA Civ 23 (“Powell”), Forward and Taylor v Slough BC[2020] EWHC 3520 (Ch)(“Taylor”). To these can be added other cases wh…”
“…An example of a case in Mr Vanhegan’s second category is the older case of BarnsleyMPC v Powell [2011] EWCA Civ 834, [2012] PTSR 56 which considered the earlier provisions of the Disability Discrimination Act 1995 as amended by the Disability Discrimination Act 2005, which w…”
“…ccept Miss Parekh’s submission that any breach could be remedied by giving proper consideration at a later stage: Barnsley MetropolitanBorough Council v Norton [2011] EWCA Civ 834.…”