Court Cases Employment status Cable & Wireless Plc v Muscat [2006] EWCA 220 Mr Muscat worked for Cable & Wireless under an agreement with an agency to which he provided his services via a limited company. On the facts of the case he was an employee of Cable & Wireless. The Court of Appeal endorsed […]
Government and Parliament The Government published its proposals for a points based system for migration. The proposals suggests a five tier system with Tier 1 covering highly-skilled migrants and Tier 5 covering youth mobility and temporary workers ( click here for further information) By Agreement Denmark will participate in the Dublin II Regulation relating to […]
***IMPORTANT NEWS*** The House of Lords will give its judgment this coming Wednesday 8 March 2006 in the cases Leeds CC v Price and Lambeth LBC v Kay which will decide the extent to which Art 8 ECHR (‘right to respect for a home’) impacts upon claims for possession in housing and gypsy cases. The […]
Government and Parliament The Legislative and Regulatory Reform Bill is currently passing through Parliament. It will enable ministers to ‘reform’ virtually any piece of legislation by statutory instrument. Click here for more information. The Immigration (Passenger Transit Visa) (Amendment) Order 2006, SI 2006/493, in force from 2.3.6 adds Malawi to the list of countries whose […]
In a landmark judgment given this morning, the Law Lords have again been divided in their opinions as to whether the Human Rights Act 1998 can provide a defence for the occupier of a home to which a public authority would otherwise have an absolute right
CASES Failure to enter a response NSM Music Ltd v Leefe UKEAT/0663/05/CK Under Rule 9 of the Employment Tribunal’s (Constitution and Rules of Procedure) Regulations 2004, a respondent who has not presented a response to a claim shall not be entitled to take any part other than for very limited purposes which include seeking […]
Government & Parliament On 22 February 2006 the Government published the first tranche of secondary legislation for England dealing with the changes taking effect from 6 April 2006 in ·HMO licensing ·Selective Licensing ·Management Orders The content of this legislation, made under the Housing Act 2004, is described in an ODPM News Release which you […]
Government and Parliament European Union (Accessions) Act 2006: approves Treaty of Accession of Bulgaria and Romania to EU (on 1 January 2007); section 2 gives Secretary of State power to make regulations about free movement rights for Bulgarian and Romanian nationals. Click here for the text. Equality Act 2006: creates Commission for Equality and Human […]
Government & Parliament Following concern, arising from recent legal advice, that the Board of the Housing Corporation did not have power to delegate its decision-making functions and powers (thereby calling into question the legality of many of its decisions) the Government promised on 14 February 2006 to introduce remedial legislation at the earliest opportunity: […]
Government and Parliament Joint Human Rights Committee issues critical report on control orders under Prevention of Terrorism Act. Click here for the full text of the report Clause 38 of the Police and Justice Bill would subject immigration officers and Secretary of State’s officials to the Independent Police Complaints Commission (IPCC), so that complaints about […]
Income Support - Habitual residence - Power to make an advance award from a date in the future when an appreciable period has elapsed
As the result of a recent Court of Appeal judgment (in Secretary of State for Work and Pensions v Bhakta [2006] EWCA Ci
Court Cases Contract of apprenticeship Flett v Matheson [2006] EWCA Civ 53 A Modern Apprenticeship may be a contract of apprenticeship even if it allows some training to be provided by a third party. Withdrawal of a claim Verdin v Harrods Ltd UKEAT/0538/05/DA An Applicant may withdraw a whole claim or part of a claim […]
Government and Parliament The Immigration, Asylum and Nationality Bill had its report stage in the House of Lords on 7 February. The Bill proposed removal of appeal rights – including in-country variation appeals, appeals against refusal of entry clearance (except in defined circumstances), and modifying appeal rights against national security deportation; a new employers’ liability […]
A new regular immigration bulletin service has been launched by Garden Court Chambers in conjunction with the Legal Services Commission.
A link to the bulletin is emailed to those who have registered to receive e-updates and to LSC contract holders when
Government & Parliament Speaking to a NACRO conference on 9 February 2006 the Housing Minister (Baroness Andrews) said: "ODPM is working with the Home Office to ensure that the revised homelessness code of guidance to local authorities makes clear – first, the role of local authorities in working to prevent homelessness among returning prisoners, and, […]
As many of you will be aware we have been notified that the LSC intend to withdraw the funding for all your Specialist Support Services from July 2006.
Over the years we have received very positive feedback from those using the services who have indicat
Human trafficking is a truly appalling crime where people are treated as commodities and traded for profit. It is big business, often controlled by organised crime groups who seek the maximum return for their investment at the expense of the health and we
Government & Parliament Travellers On 2 February 2006 the ODPM issued new guidance in relation to gypsies and other travellers. It includes:- * Planning Circular 01/2006: Planning for Gypsy and Traveller Caravan Sites, replacing Circular 01/1994: Gypsy Sites and Planning. Click here for more information. * Draft practice guidance for local authorities: Gypsy and Traveller […]
Garden Court Chambers is shocked by the Legal Services Commission's decision to end it's specialist support services in July 2006 and feels that the Commission is making a disastrous mistake which will have a huge impact on the most needy members of the c
Garden Court announces eight new members
Garden Court Chambers is pleased to announce six new members of the crime team: David Spens QC, Mark Muller, Michael Ivers, Hossein Zahir, Roy Ledgister and Brenda Campbell, Andrew Eaton a new member of the housi
