Cases Statutory disciplinary and grievance procedures Department for Constitutional Affairs v Jones UKEAT/0333/06/DM For the purposes of regulation 6(5) Employment Act 2002 (Dispute Resolution) Regulations 2004 (“the Regulations") a grievance that the employer has dismissed or is contemplating dismissal includes a complaint about the manner in which the employer is contemplating dismissal and the manner […]
News The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 provide the procedure under which a person can apply for and obtain a Certificate of Entitlement to Right of Abode in the United Kingdom. More info The Home Office warns that persons planning to apply for indefinite leave to […]
Two new tenants have joined Garden Court this month. Stephen Marsh has joined our civil team practice after completing his pupillage at Garden Court; David Emanuel joins us from Pump Court Chambers to practise in our criminal team.
Government Legislation Last week On 27 November 2006 the Government issued new guidance to local housing authorities applying for approval of selective licensing schemes, in respect of private rented housing, under the Housing Act 2004 (Parts 2 and 3). Click here for a copy: On 28 November 2006 the Government published the Greater London Authority […]
Garden Court QC, Ian Macdonald, praised for his work to release death row prisoner, Abu Jamal The case of death row prisoner, Mumia Abu Jamal, is due to be reviewed in the new year after 24 years on death row. Ian Macdonald, QC, at Garden Court Chambers has been praised for his work on the […]
Government & Legislation On 22 November 2006 the Government announced details of the successful bidders who will operate the National Tenancy Deposit Scheme for assured shorthold tenancies from April 2007. For the details click here Cases Cumbria Police v Wright [2006] All ER (D) 265 (Nov), 20 November 2006. The police served a closure notice […]
Parliament Draft immigration access regulations: Bulgaria and Romania The draft immigration accession regulations for the accession of Bulgaria and Romania on 1 January 2006 have been laid before parliament. Bulgarian and Romanian nationals will not have access to the labour market in the UK save through existing schemes and immigration rules applicable to non-EU nationals […]
Garden Court Chambers regularly hosts events and meetings for a number of different charities and organisations involved in social justice, with many of our barristers actively involved in these organisations.
Barristers from the prison law team at Garden Court Chambers have written a critical analysis on the judicial inquiry of the Murabek case and recommendations for the reform of the prison system. The booklet will be released at the Zahid Mubarek Conferen
Government and Legislation Two Government Bills concerning housing-related matters received Royal Assent at the end of the Parliamentary Year 2005/2006. The Police and Justice Act 2006 contains provisions (in Part 2) enabling social landlords to apply for parenting orders and it replaces the current Anti Social Behaviour Injunction. For a copy of the Act click […]
Cases Protective awards TGWU v Brauer Coley Ltd (in administration) UKEAT/0313/06 Where a protective award is made against a company (now in administration) for breach of the obligation to consult it in relation to employees represented by a trade union, other employees in respect of whom the trade union is not recognised, cannot obtain an […]
Parliament New Immigration Bill: There is to be a new immigration bill introduced in the 2006-2007 Parliamentary session. The Border and Immigration bill is to give the immigration service extra powers in relation to border control and immigration related crime. Apparently, it will also make it easier for the Home Office to deport those convicted […]
Seeking Asylum Alone UK was released on Monday 13th November at Garden Court Chambers.
Parliament The Joint Committee on Human Rights published its report ‘The Human Rights Act: the DCA and the Home Office Reviews’. http://www.publications.parliament.uk/pa/jt200506/jtselect/jtrights/278/278.pdf The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls)(Amendment) Order 2006, SI 2006/2908 was made on 4.11.6 and comes into force on 18.11.6. It adds to the powers that may be exercised by immigration […]
Government and Legislation Last week the Government began pilot-testing of the Home Information Packs required for housing sales transactions by the Housing Act 2004. The pilot began in Newcastle Upon Tyne and is being extended to Northampton, Huddersfield, Southampton, Cambridge and Bath. It starts nationally on 1 June 2007. Click here for the details On […]
Government and Legislation Last week the Government began pilot-testing of the Home Information Packs required for housing sales transactions by the Housing Act 2004. The pilot began in Newcastle Upon Tyne and is being extended to Northampton, Huddersfield, Southampton, Cambridge and Bath. It starts nationally on 1 June 2007. Click here for the details: http://www.homeinformationpacks.gov.uk/home.aspx […]
Recent Caselaw Fu (R on the application of) v Secretary of State for the Home Department [2006] EWHC 2735 (Admin). Whether judicial review is available to a person aggrieved by a decision of the Asylum and Immigration Appeal Tribunal` where the statutory review procedure has been gone through and the claimant has failed. Application dismissed, […]
Government and Legislation Figures released on 21 October 2006 show that more than 290,000 private dwellings in England have been empty for over 6 months. The highest proportions of empty homes were found in Burnley, Liverpool and Pendle. These numbers powerfully make the case for increased use of the Empty Dwelling Management Orders available to […]
Cases Whistleblowing – time limits Arthur v London Eastern Railway Ltd (t/a Stanstead Express) [2006] EWCA Civ 1358 Under s48(3) of the Employment Rights Act 1996 (“ERAâ€?) employees can complain about acts of detriment that are outside the three-month period if they form part of “a series of similar acts or failuresâ€?. The Court of […]
Government and Legislation Earlier today (30 October 2006), Lord Falconer unveiled the latest publications from the Department of Constitutional Affairs (DCA) designed to help public authorities and advisers dealing with the Human Rights Act 1998. For his speech, click here For copies of the new documents (including a revised Third Edition of A Guide to […]
