UK Supreme Court rules that a breach of Article 2 Protocol 1 of the European Convention on Human Rights can be justiciable and sound in damages where a child is denied access to education available within the domestic system, however inadequate, to meet t
Stephen Simblet represented the family of a teenager at a recent inquest after the detained patient was able to take her own life despite supposedly being under continuous observation
Stephen Knafler QC has secured supported housing on behalf of a woman with a learning disability after she moved home and became the subject of a dispute between local authorities.
The Latest Housing Law News Gypsy and Traveller site provision: on 6 July 2010 the Secretary of State for Communities announced the immediate revocation of Regional Spatial Strategies by exercise of delegated powers under section 79(6) of the Local Democracy Economic Development and Construction Act 2009 pending legislation to abolish them. They will no longer […]
News The UKBA has taken the unusual step of announcing on its website that it is seeking permission to appeal the Court of Appeal’s decision in The Secretary of State for the Home Department v Pankina (Anastasia) & Ors [2010] EWCA Civ 719 (see Immigration Law Bulletin 187) and a stay on the effect of […]
Peter Jorro has successfully acted for a gay asylum seeker in the Supreme Court. The seminal decision will be widely welcomed by those seeking asylum for fear of having to conceal “protected characteristics” under the Refugee Convention in their country o
Court of Appeal Equal pay North Cumbria University Hospitals NHS Trust v Fox & ors [2010] EWCA Civ 729Although the Claimants’ original contracts may have come to an end by the imposition of new terms, they continued to be employed as nurses doing the same work and therefore were in a "stable employment relationship" which […]
News The world’s largest and finest refugee advocacy project, Refugee and Migrant Justice, closed, leaving over 10,000 clients without legal representation and hundreds of dedicated staff redundant. They will be greatly missed by Garden Court.Click here to read more. Cases The Secretary of State for the Home Department v Pankina (Anastasia) & Ors [2010] EWCA […]
The Latest Housing Law News Legal Aid for Housing Cases: on 30 June 2010 the Lord Chancellor gave further details of the direction of travel of the legal aid review currently underway in the Ministry of Justice. He said "Nobody feels more strongly than this Government about the need to make sure everyone has access […]
A team of Garden Court barristers has successfully defended eight activists at Hove Crown Court, who broke into an arms factory and caused £180,000 worth of damage. The defendants had been facing charges of conspiracy to commit criminal damage.
On 28 June 2010 the Court of Appeal granted permission to appeal in the case of FA (Iraq), but refused permission in another, linked case. Stephen Knafler QC of Garden Court Chambers appeared for the appellant in FA (Iraq), together with Margaret Phelan o
The Latest Housing Law News New help for homeowners: on 25 June 2010 the Financial Services Authority announced that new rules would apply from 30 June 2010 to (1) mortgage arrears recovery procedures used by mortgage lenders and (2) sale and rent-back schemes. In particular, mortgage lending firms must not apply a monthly arrears charge […]
In a landmark judgment, the Supreme Court explained how the "nonsense" of the "tolerated trespasser" was created and applied by the judiciary in Housing possession cases for over 20 years, finally ending it.
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EMPLOYMENT APPEAL TRIBUNAL Territorial jurisdiction Neary v Ministry of Defence & ors UKEAT/0101/10/DAAlthough the Employment Tribunal had erred in its approach to the question whether at the relevant time the Claimant was "ordinarily resident" in Great Britain for the purposes of Section 68(2A)(c) Disability Discrimination Act 1995, and Regulation 10(2)(c) Employment Equality (Age) Regulations 2006, […]
The Latest Housing Law News Homelessness: the Housing Minister, Grant Shapps MP, announced on 16 June 2010 that the UK Government would undertake an overhaul of the arrangements for measuring the numbers of rough sleepers. For the details, click here. A ministerial inter-departmental committee has also been established, to take forward measures to tackle homelessness. […]
News Refugee and Migrant Justice (formerly the Refugee Legal Centre) went into administration on Wednesday. The Legal Services Commission confirmed that the Minister of Justice’s decision was final and that, despite any short term cost, there would be no change to the current funding arrangements that had led the charity into financial difficulty. Click here […]
The Latest Housing Law News Private Rented Sector Policy: the Housing Minister, Grant Shapps MP, announced on 10 June 2010 that the new UK Government would not be taking forward the previous government’s plans for the private rented sector. So there will now be no National Register of Landlords in England, no further regulation of […]
News The coalition government is proposing to introduce compulsory English language tests from autumn 2010 for non-EU migrants applying to come to the UK to join or marry their settled partner. They will be compulsory for people applying from within the UK as well as visa applicants from overseas.Click here to read more.For criticism of […]
A jury hearing evidence at Chelmsford Coroners Court, Essex, returned a verdict on 1 June 2010 highlighting serious failings by HMP Chelmsford and Essex Social Services which contributed to the death of 18-year-old Abdullah Hagar Idris (also known as Joke
Court of Appeal Breach of contract Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571A person who suffers damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made in disciplinary proceedings conducted in breach of contract, but which would not […]
