Court of Appeal AK (Afghanistan) v Secretary Of State For The Home Department (2007) 10 May 2007. When the Secretary of State considers whether fresh representations amount to a fresh claim for asylum he must ask the right question and consider how an independent tribunal would view the fresh representations, WM (Democratic Republic of Congo) […]
Mr Justice Holman held that local authorities were required to accommodate children in need of accommodation under Children Act 1989, s 20, so that they were entitled to the protective machinery of being looked after and also after-care services, when the
The House of Lords decided in a unanimous decision today (16th May 2006) that a person who had been a joint tenant of a local authority tenancy and became a sole tenant prior to the introduction of secure tenancies by the Housing Act 1980 was not a succes
Government & Legislation: Last week How should policies on provision of Housing be adapted to the needs of an ageing population? Answers to that question are invited by National Strategy for Housing in an Ageing Society – a pre-strategy document published by the Government on 8 May 2007. The consultation closes on 11 June 2007. […]
CASES COURT OF APPEAL Whistleblowing Lake v British Transport Police [2007] EWCA 424The Court of Appeal held that the Tribunal did have jurisdiction to hear a claim of detriment for making a protected disclosure and unfair dismissal even though the matter had been considered by the Police Disciplinary Board. The fact that a statutory appeals […]
Legislation The UK Borders Bill received its first reading in the House of Lords on 10.5.2007. In its present form, the Bill can be found by clicking here The Special Immigration Appeals Commission (Procedure)(Amendment) Rules 2007, SI 2007/1285 provide (inter alia) for the holding of directions hearings as soon as practicable after notice of appeal […]
Garden Court Chambers Online Legal Resources has been recommended by Delia Venables.
Government & Legislation: Last week At the end of April 2007 the Government issued updated guidance on the limited extent to which workers can be paid less than the minimum wage because their employer provides the worker’s accommodation. For a copy of National Minimum Wage and Accommodation Offset, click here On 30 April 2007 it […]
Reed Elsevier, through its ownership of Butterworths Lexis Nexis is one of the primary publishers of UK legal information.
Government & Legislation: Last week On 27 April 2007 the Government outlined the new scheme for provision of information to leaseholders about service and administration charges which will come into force on 1 October 2007. The enabling legislation (Commonhold and Leasehold Reform Act 2002 section 153 and Schedule 11) has been triggered by a commencement […]
CASES HOUSE OF LORDS Victimisation St Helens Borough Council v Derbyshire & ors [2007] UKHL 16The House of Lords disagreed with the majority of the Court of Appeal and upheld the decision of the Tribunal that a letter sent by the Council to all catering staff warning of the consequences of the Claimants continued claims […]
NEWS A new "Australia-style points" based Migration system will begin in 2008.On 18th April 2007 Liam Byrne set out the timetable for the new system designed to limit the number of newcomers to the UK. There will be a tier system under the rules. Non-EU workers will be placed in five categories ranging from the […]
These two important principles of the common law were upheld today in the House of Lords.
Government & Legislation: Last week The Legal Services Commission has announced that the present contracts for Specialist Support with Housing Cases let to Shelter, Garden Court Chambers and other specialist housing advisers have been extended to 31 June 2008. A consultation paper on the future position is planned for May 2007. For a description of […]
COURT OF APPEAL IA Somalia v Sec of State [2007] EWCA Civ 323 An asylum appeal was remitted for a rehearing in circumstances where it could not be said with confidence that the adjudicator would have arrived at the same conclusion as he had if he had taken a relevant country guidance case into account, […]
David Watkinson, appears in the March issue of the magazine 'From the Lawyers' Collective.'
CASES COURT OF APPEAL Disability discrimination O’Hanlon v Commissioners for HM Revenue & Customs [2007] EWCA Civ 283The Claimant had long periods of sickness absence, some of which were disability related. The Respondent’s sick pay policy was for six months full pay and six months half pay with a maximum of 12 months’ pay in […]
Due to the Easter break there was no issue of this Bulletin onMonday 2 April 2007 orMonday 9 April 2007. Government & Legislation On 1 April 2007 the most radical changes in 30 years were made to the law relating to private rented accommodation in Northern Ireland by the Private Tenancies (NI) Order 2006. A […]
Garden Court Chambers housing team has responded to the government's consultation on guidance for implementing Choice-Based Lettings Scheme.
News The Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2007 (No. 835 (L. 5)) make the necessary amendments to effect the legal changes demanded by the recent Court of Appeal decisions in AM (Serbia) & Ors v Secretary of State for the Home Department [2007] EWCA Civ 16 (25 January 2007) http://www.bailii.org/ew/cases/EWCA/Civ/2007/16.html and FP (Iran) […]
