As 2010 draws to a close, Garden Court barristers have once again been at the forefront of the law as these recent cases demonstrate.
The Legal Services Commission has unsuccessfully appealed the decision of Hickinbottom J in R (Humberstone) v Legal Services Commission.
Court of Appeal Procedure Devon and Somerset Fire and Rescue Service v Tilke [2010] EWCA Civ 1402The Respondent was successful in its appeal to the EAT on a finding of unfair constructive dismissal save that the EAT remitted the matter to the same Employment Tribunal for re-hearing. The Court of Appeal held that in the […]
The Latest Housing Law News New housing legislation for England: last week the Coalition Government introduced the Localism Bill in the UK Parliament. Part 6 deals with almost every dimension of housing law. It contains proposed new rules on: allocation of social housing; homelessness; security of tenure in social housing; succession rights; disrepair; an expanded […]
Cases O’Donoghue and Others v The United Kingdom (Application no. 34848/07)The Strasbourg Court found that a Nigerian national with discretionary leave and a dual Irish/UK national were permitted to marry only after the UK’s Certificate of Approval scheme was amended following unfavourable lower court decisions. Even so, they could not afford the fee and were […]
The Court of Appeal held, by a majority of 2:1, that the Secretary of State for Work and Pensions is prohibited from making deductions from ongoing benefits to recover a social security debt listed on a Debt Relief Order.
News The Government sets out proposals for major reform of the student visa system. For full details, click here. The UKBA announce that from 10 January 2011, English language students wishing to attend exclusively English language courses will be able to apply for a student visitor visa allowing them to stay for up to 11 […]
The Latest Housing Law News Private renting and the Energy Bill 2010: last week the Coalition Government introduced the Energy Bill in the UK Parliament. Among other matters it addresses energy efficiency (or the lack of it) in private rented housing. The residential private rented sector has the largest proportion of lowest-rated (EPC band G) […]
Employment Appeal Tribunal Amendment Parveen v International Dance Shoes Ltd and Aulakh UKEAT/0447/10/LAThe Employment Tribunal had erred in refusing to allow the Claimant to join an individual as a Respondent as she was out of time. She had stated in her ET1 that she wanted to do so but did not know his surname and […]
The Latest Housing Law News Central Government Housing Policy: in November 2010 the Coalition Government published the DCLG Business Plan 2011-2015. It states that an objective for the department is to meet people’s housing aspirations, including by providing local authorities with strong and transparent incentives to facilitate housing growth, as well as making the provision […]
News UKBA has issued a response to Channel 4’s Dispatches programme on child asylum cases as broadcast on 29 November. For the response, click here. UKBA has published an updated version of its summary guidance to help employers understand the law on illegal working and what they need to do to comply. For more information, […]
The Latest Housing Law News New arrangements on allocation, homelessness and tenancies of social housing: on 22 November 2010 the coalition government published its proposals for radical reform of social housing in the form of a consultation paper to which responses are sought by 17 January 2011. The paper covers: (1) the new Affordable Rent […]
News The UKBA announced last week its proposed limits on non-EU economic migration. They are to set an annual limit of 20,700 for applications under Tier 2 and a further 1000 under the exceptional talent route. They are also proposing raising to £40,000 the minimum salary for those coming under the Tier 2 (Intra company […]
Garden Court Chambers successfully launched Garden Court International - a specialist International Advice and Litigation Team on 5 November 2010.
Garden Court Chambers has once again been placed in Band 1 in the prestigious Chambers UK 2011 rankings.
Court of Appeal Employment Status Tilson v Alstom Transport [2010] EWCA Civ 1308Given the extent to which the Claimant was integrated into the organisation of the Respondent end user, absent any agency arrangements, there would have been no doubt that even if there were no express contract, one would readily be implied. However where an […]
The Latest Housing Law News Legal advice and representation in Housing cases: on 15 November 2010 the Ministry of Justice issued a consultation paper on the future of legal aid. Chapter 4 indicates which Housing cases will remain within the scope of legal aid and which, it is proposed, will not. Even if most Housing […]
News Following Parliamentary approval, on Monday 22 November new application fees for migrants applying to come to or extend their stay in the UK for work, study or other reasons, enter effect, as previously announced. To read further, click here. Cases RT (Zimbabwe) & Ors v Secretary of State for the Home Department [2010] EWCA […]
News Aung San Suu Kyi, Burmese opposition politician and former General Secretary of National League of Democracy should never have been imprisoned for fifteen years in the first place says Elaine Pearson, deputy Asia Director at Human Rights Watch. HRW believe that her release is a deeply cynical ploy by the military government to distract […]
The Latest Housing Law News Evicting Homeowners: on 11 November 2010 the latest mortgage repossession figures were published. For the figures published by the Council of Mortgage Lenders, click here. For the official statistics on court action for repossession click here. The latter indicate that over 3000 possession orders are being made every month but […]
