Registered Social Landlords as "public authorities": on 11 June 2008 Baroness Hamwee moved an amendment to the Housing & Local Government Bill drafted by HLPA and designed to define as "public authorities" (for the purposes of both judicial review and the Human Rights Act 1998) all housing associations and other social landlords. The amendment was […]
NEWS End of HSMP New Tier 1 of the Points Based System begins operation on 30 June 2008, replacing the Highly Skilled Migrants Programme (HSMP) and seven other immigration categories, including business persons, innovators, investors, self-employed lawyers, writers, composers and artists, and the International Graduates Scheme (IGS). Those currently in the UK in any of […]
News The economic case for migration was reinforced as the Government published its response to the House of Lords Committee’s report on the economic impacts of migration, finding that immigration has contributed to the success of the UK economy by helping to meet labour and skills shortages in the public and private sectors and noting […]
COMMUNITY CARE UPDATE No 2 News Guardian, 14th May 2008: 600 families who commit crimes, have chronic drug abuse problems and fail at school and in the job market are being targeted by Westminster Council hoping to cut their cost to the state. Scotsman, 15 May 2008: Scotland’s health service could be hit by compensation claims […]
Two new Housing Law specialists at Garden Court Chambers: Edward Fitzpatrick (formerly of Mitre Court Buildings) and Dr Tim Baldwin (formerly of 5 Pump Court) have accepted invitations to join the specialist Housing Team at Garden Court Chambers. Read more information about them here. Homelessness: the homelessness statistics for England for the first quarter of […]
Jo Delahunty QC and Alison Grief, of Garden Court's Family Team,
successfully opposed an appeal in the House of Lords that would have
seen the standard of proof in Care proceedings reduced to a 'real possibility'
test.
The Latest Housing Law News Tenant Services Agency: The Housing Minister announced on 6 June 2008 that the new regulator of social housing to be established under the Housing Bill is to be known as the TSA rather than as OFTenant. She also announced details of recruitment for board members including tenants’ representatives. For a […]
COURT OF APPEAL Khan v The Home Office [2008] EWCA Civ 578The Tribunal had not erred in its application of burden of proof when it concluded that the Respondent’s approach to dismissal procedure, pay, special leave and CSCS compensation was untainted by race or sex discrimination. EMPLOYMENT APPEAL TRIBUNAL Strike out Turner v Sandham UKEAT/0028/08/ZTAlthough […]
News The UNHCR has published guidelines for determining what is in the best interest of children falling within its mandate. To view the guidelines: The UK Border Agency has added new occupations to the national shortage occupation list for work permits and amended two occupation titles. Full details of all these changes click here The […]
The Latest Housing Law News Rent arrears and Ground 8: The Government is coming under increasing pressure to amend the Housing Bill so as to prevent housing associations from using Ground 8 (rent arrears) – a mandatory ground for possession of an assured tenancy. The Citizens Advice Bureaux service has just published an evidence paper, […]
News The Diplomatic Conference for the Adoption of a Convention on Cluster Munitions, signed off the Convention on Cluster Munitions (30 May 2008), the Convention noting its deep concern that civilian populations and individual civilians continue to bear the brunt of armed conflict. More info The President of the Parliamentary Assembly of the Council of […]
The Legal Services Act sets out a framework for reform and paves the way for radical changes to the way legal services will be offered in future, threatening the independence of both solicitors and the Bar and their service to the public.
Garden Court in
The appellant was an Iranian who deserted from the army when he was ordered to plant landmines in a road which he knew was used by civilians. The Court of Appeal accepted that he was entitled to refugee status, since the planting of landmines in these cir
The inquest into the death of Kurt Howard opens on 27 May 2008 and is expected to last for three weeks. He died following a prolonged period of restraint in the prone position. Kurt's family has waited nearly six years for the inquest into his death. The
NEWS The UK Border Agency has published its guidance for Tier 1 of the points-based system for highly skilled workers who want to work, train or study in the United Kingdom. The Home Office released its ‘Asylum Statistics: 1st Quarter 2008‘ this week. Overall applications were up 16%, whilst initial decisions were down 26%. The […]
Jo Delahunty QC and Alison Grief of the Garden Court Family Team, appeared in the House of Lords on Monday 19th May 2008 and Tuesday 20th May 2008 in the case of Re B Children. They were instructed by CAFCASS to intervene on behalf of the organisation in
COURT OF APPEAL Correction of decisions Bone v London Borough of Newham [2008] EWCA Civ 435The Tribunal could not use the "slip rule" under Rule 37 to include, at a remedies hearing, a finding which had been omitted from its original liability judgment that an unfair dismissal was direct discrimination and victimisation. However, given that […]
Legislation National Health Service Act 2006, s 242 has been amended by Local Government and Public Involvement in Health Act 2007 (with effect from a day to be appointed) so as to provide for expanded NHS consultation with and involvement of the public in the planning and delivery of health services Mental Health (Hospital, Guardianship […]
CONCESSION RELEVANT TO HC 321Rt. Hon. Liam Burne MP, Minister for Borders and Immigration:"….First, we will not automatically refuse applications from people applying to join their family permanently in the UK-that is to say, those applying for visas as a spouse, civil partner or unmarried or same-sex partner under paragraphs 281 or 295A of the […]
The Latest Housing Law News Another Housing Bill and another Housing Green Paper: The Government’s Draft Legislative Programme for the Parliamentary Session 2008/2009 was published on 14 May 2008. The document, Preparing Britain for the Future, outlines an intention to publish a Housing Reform Green Paper "towards the end of 2008" and to include in […]
