News & Views

Garden Court Chambers | Monday 29 July 2013

Social tenant retains tenancy despite temporary move of five years

A woman who moved-out temporarily while a council repaired her home still holds her tenancy eight years later, the Court of Appeal rules.

Garden Court Chambers | Monday 29 July 2013

Housing Law Bulletin – Issue 318 – 29 July 2013

Housing Law News Last minute housing appeals: mortgage borrowers and tenants in rent arrears often make last minute applications to stay or suspend warrants for possession, even on the very eve of eviction. If an application is refused by a district judge, an appeal can be made to a circuit judge. In London, an increasing […]

Garden Court Chambers | Monday 29 July 2013

Immigration Law Bulletin – Issue 335 – 29 July 2013

Immigration Law Cases CW (Jamaica) v Secretary of State for the Home Department [2013] EWCA Civ 915 23 July 2013CW challenged the UTIAC’s dismissal of his appeal against ‘automatic deportation’ on two grounds: (1) inadequate enquiry by the UT into the consequences for his children of his deportation; (2) SSHD’s (and UT’s) inadequate regard to […]

Garden Court Chambers | Tuesday 23 July 2013

Employment Law Bulletin – Issue 153 – 23 July 2013

Employment Case Law European Court of Human Rights Article 6(1) | Delay Plut and Bicanic-Plut v Slovenia – 7709/06 – Chamber Judgment [2013] ECHR 70618 July 2013The Applicant is a Slovenian national. She brought proceedings against her former employer in the domestic labour court on 27 October 1998. The entire proceedings before the domestic court, […]

Garden Court Chambers | Monday 22 July 2013

Housing Law Bulletin – Issue 317 – 22 July 2013

Housing Law News Private rented sector: on 18 July 2013 the House of Commons Communities & Local Government Committee published the report of its inquiry into the private rented sector in England and made numerous recommendations. For the report, click here. Prosecuting rogue private landlords: on 18 July 2013 the UK Government wrote to every […]

Garden Court Chambers | Monday 22 July 2013

Immigration Law Bulletin – Issue 334 – 22 July 2013

Immigration Law News 19 July 2013. Dublin III Regulation enters into force. The European Union’s Regulation No 604/2013 heralding the arrival of the Common European Asylum System. This will impact upon asylum seekers ability to seek protection in Europe. Bar Standards Board reviews the regulation of immigration advice and services – praise for the quality […]

Garden Court Chambers | Tuesday 16 July 2013

Immigration Law Bulletin – Issue 333 – 16 July 2013

News The Secretary of State will suspend decision making in Appendix FM cases which turn on maintenance alone in the light of MM & Ors v Secretary of State for the Home Department [2013] EWHC 1900 (Admin) (there is a note to such effect on ILPA’s members-only website). In a new report, Amnesty International shows […]

Garden Court Chambers | Monday 15 July 2013

Housing Law Bulletin – Issue 316 – 15 July 2013

Housing Law News Impact of welfare reform on rents: today (15 July 2013) the overall benefit cap of £500pw (families) and £350 (singles) comes into effect nationally. For tenants, the cap will be achieved by cutting housing benefit so that the overall weekly total of benefits does not exceed the cap. The Chartered Institute of […]

Garden Court Chambers | Friday 12 July 2013

Employment Law Bulletin – Issue 152 – 12 July 2013

Employment News Employment Law reform: timetable for protected conversationsThe government has made an Order to the effect that the new rules regarding protected conversations and settlement agreements will take effect from 29 July 2013 (i.e. the same day as the commencement of Tribunal fees). Judicial reviews of Tribunal feesIn an ongoing judicial review of Employment […]

Garden Court Chambers | Wednesday 10 July 2013

ECHR rules whole-life tariffs without review inhumane and degrading

In a landmark judgment which the UK government has already aired its "profound disagreement" with, the Grand Chamber of the European Court of Human Rights has ruled that whole-life prison sentences without review are inhuman and degrading. Pete Weatherby

Garden Court Chambers | Tuesday 9 July 2013

Jury returns unlawful killing verdict at Jimmy Mubenga inquest

A jury has today delivered a verdict of unlawful killing in the inquest into the death of Jimmy Mubenga. Mr Mubenga died of positional asphyxia in October 2010 in the custody of G4S security guards while being deported from the UK to Angola. His family we

Garden Court Chambers | Monday 8 July 2013

Alex Offer obtains a quashing order relating to historic abuse allegations

Alex Offer has successfully obtained a quashing order in respect of a police decision to disclose historic abuse allegations against a teacher who had applied for an enhanced criminal record certificate.

R (RK) v Chief Constable of South Yorkshire Poli

Garden Court Chambers | Monday 8 July 2013

Housing Law Bulletin – Issue 315 – 8 July 2013

Housing Law News Housing cases and legal aid: the most recent legal aid statistics show that since 2007/8 the number of providers of civil legal aid services has fallen by 30%. Over the same period, the volume of housing cases dealt with on legal aid fell by 16%. By 2012/13 there were only 509 suppliers […]

Garden Court Chambers | Monday 8 July 2013

Immigration Law Bulletin – Issue 332 – 8 July 2013

Cases Rrapaj & Ors v Director of Legal Aid Casework & Anor [2013] EWHC 1837 (Admin)2 July 2013For the purpose of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, challenges to a refusal to treat further representations as a fresh asylum claim, and challenges to certificated decisions, […]

Garden Court Chambers | Friday 5 July 2013

Azelle Rodney: Unlawfully killed

Azelle Rodney was shot dead by a Metropolitan Police officer on 30 April 2005. Today, in a historic report, Sir Christopher Holland, the Chairman of the Azelle Rodney Inquiry, found that the death of Azelle Rodney was unlawful.

Garden Court Chambers | Wednesday 3 July 2013

Smiley Culture inquest jury return suicide verdict

The jury at the inquest into the death of reggae artist David Emmanuel, also known as Smiley Culture, have recorded a verdict of suicide. Mr Emmanuel died of a stab wound to the heart following a Metropolitan Police raid on his home in March 2011.

Garden Court Chambers | Wednesday 3 July 2013

Squatters and human rights test case result

The Court of Appeal today gave judgment in an important case about the impact of human rights principles on possession claims brought by private landowners against trespassers.

Garden Court Chambers | Monday 1 July 2013

Neglect contributed to death of 19-year-old Nicholas Wheller at HMYOI Aylesbury

A jury at the inquest into the death of Nicholas Wheller at HMYOI Aylesbury has found that neglect contributed to his death. His family was represented by Kirsten Heaven.

Garden Court Chambers | Monday 1 July 2013

Housing Law Bulletin – Issue 314 – 1 July 2013

Housing Law News Housing cases and judicial review: changes take effect today (1 July 2013) to the procedures for bringing judicial review claims in the Administrative Court. For the amendments to the procedure rules, click here. For the amendments to the Pre-Action protocol for judicial review (and the modified version), click here. For the amended […]

Garden Court Chambers | Monday 1 July 2013

Immigration Law Bulletin – Issue 331 – 1 July 2013

News For new Home Office forms for applications made on or after 1 July 2013 click here. Cases Secretary of State for the Home Department v Raju & Others [2013] EWCA Civ 75425 June 2013Allowing the SSHD’s appeal from the UT, the CA held that an application is made when para 34G of the Rules […]