Local Government Lawyer

Trafford Council Director of Legal and Governance

Iris Ferber KC and Martin Horne cover a case which answers some fundamental questions on the application of the Equality Act burden of proof.

From Akerman-Livingstone to Z v Hackney, learn about the cases and the principles which have shaped Housing Discrimination since the Equality Act 2010 came into force.  In each of our podcasts, we will discuss one case: its facts, its context, and what principles it decided.

In this ninth podcast, Iris Ferber KC and Martin Horne discuss Asiimwe v London Borough of Lambeth, a reasonable adjustments case heard by the High Court in June 2026: we believe that this is the first housing case to address the application of the Equality Act burden of proof.  The burden of proof in section 136 of the Equality Act is notoriously complex, and very different from the standard civil burden of proof: Employment Tribunals are familiar with its workings, but even they sometimes get it wrong in reasonable adjustments cases, where it is particularly difficult to apply.  Tune in for our discussion of how the High Court explained section 136, and how Mr Asiimwe won his appeal – based purely on the trial judge’s failure to apply section 136 correctly.

As part of 42BR's ongoing journey to ensure their website and marketing initiatives are as accessible as possible, all podcasts will be available in a transcription format - The A to Z of Housing Discrimination Case Law - Asiimwe v Lambeth transcript. ​

About the speakers

 

Iris Ferber KC

Iris Ferber KC is a specialist in Employment, Property and Social Housing law, with a particular focus on litigation involving discrimination. She was called to the Bar in 2005, and was appointed to Silk in 2023.

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 Martin Horne 200

 

Martin Horne

Martin joined Chambers as a probationary tenant in 2025 and subsequently accepted tenancy. He maintains a broad civil practice with particular expertise in business, property, housing, and personal injury.

He is known for clear, commercially focused advice and effective courtroom advocacy. Instructed at all stages of litigation, Martin is valued for his thorough preparation, sound judgment, and practical approach. His work includes acting as sole counsel for both claimants and defendants in interim applications, case management hearings, costs matters, and trials.

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