Cases S98A(2) ERA – Reversal of Polkey Kelly-Madden v Manor Surgery Appeal No. UKEAT/0105/06/DM Section 98A(2) Employment Rights Act (“ERA”), which provides that if the statutory dismissal procedures have been followed, then the failure to follow “a procedure” will not make a dismissal unfair if the dismissal would have taken place in any event, refers […]
News Lord Falconer announced at the Law Society annual conference in London that he was scrapping plans for fixed fees instead of hourly rates in family and civil legal aid cases pending a complete rethink. He also pledged to reconsider the timetable for the scheme, which had been due to start in April. It is […]
Two members of chambers, Frances Webber and Kathryn Cronin , celebrated a victory in a case they argued in the House of Lords in July.
Government and Legislation On 9 October 2006, the Homelessness (Wales) Regulations 2006 came into force. They provide that a person who is subject to immigration control is not eligible for housing assistance under Part 7 of the Housing Act 1996 (homelessness) unless that person is of a class prescribed in the regulations. For a copy […]
Text and Commentary
Edited by Steve Peers and Nicola Rogers
Government and Legislation The House of Lords re-assembles today (9 October 2006) and will first deal with the Police and Justice Bill (Report Stage). Part 3 of the Bill will introduce in the housing field: (1) parenting contracts; (2) parenting orders; and (3) a new housing injunction (to replace current Housing Act 1996 section 153A). […]
Cases Contract Keeley v Fosroc International Ltd [2006] EWCA 1277 Where an employee’s handbook sets out a right to enhanced redundancy terms, in the circumstances it did have contractual force. Read more Working time Commission of the European Communities v United Kingdom. ECJ, 7.9.06 (C-484/04) The ECJ held that the DTI guidelines on working time […]
News The European Commission confirmed Bulgaria’s and Romania’s EU accession on 1 January 2007, completed by a rigorous package of accompanying measures. more Europe’s first dedicated centre for victims of people-trafficking opened in Sheffield, England. The Human Trafficking Centre will aim to provide specialist care for the victims – mostly women brought from abroad and […]
Date: Thursday 26th of October 2006
Venue: St Ethelburga's Centre, 78 Bishopsgate, London, EC2N 4AG
Time: 6.00 pm
Date: Wednesday 6th December 2006
Location: Jolly Hotel St Ermin's, Caxton Street, London SW1H 0QW
The Custody and Detention Conference, organised by JUSTICE and Sweet & Maxwell , will bring you the latest analysis of the obligations of public authori
Government and Legislation The Pre-Action Protocol for Rent Arrears comes into force today (2 October 2006) and will be directly applicable to all rent arrears-based possession claims issued by social landlords (including local authorities) from now on. All claims should be rigorously examined for compliance with Protocol. The Protocol is reproduced in Defending Possession […]
This is the latest seminar programme from Garden Court Chambers.
CASES Reasons Balfour Beatty v Wilcox [2006] EWCA Civ 1240 The Appellant employers appealed the finding of the Employment Tribunal that a TUPE transfer had taken place on the basis that, among other things, its analysis of the evidence and failure to address specific arguments made its decision defective for a failure to give proper […]
Government and Legislation On 18 September 2006 the government laid the Persons Subject toImmigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2006 SI 2521 which comes into force on 9 October. It deals with exceptions to the prohibition on access to council housing for those subject to immigration control who are outside the normal […]
Legislation The Refugee or Person in need of International Protection (Qualification) Regulations 2006, SI 2006/2525, laid before Parliament on 18 September 2006 and coming into force on 9 October 2006, transpose the Qualification Directive EC/2004/83 into domestic law. Read more Case Law EctHR Moser v Austria, 12643/02, 21 September 2006: the transfer of custody of […]
The government's handling of Homelessness policy has this week been described as a "shambles" by two leading housing law specialists from Garden Court Chambers.
Ten people who demonstrated against the bi-annual DSEI Arms Fair held in London's docklands by climbing on to or attempting to climb on to DLR and others trains in September last year have won their appeals against sentence (for obstructing the railway) w
Government and Legislation On 13 September 2006 the government announced that the requirement to produce a Homelessness Strategy would shortly be removed from 4-star and 3-star local housing authorities: see Department for Communities and Local Government (DCLG) Press Release 94/06 The obligation has already been lifted from "excellent" authorities in England and the extention to […]
News URGENT CALL: The Refugee and Asylum Seeking Children’s Project is under threat of Closure Unless further funding can be obtained imminently the Project will be shut down. Find out what can be done to save the project. Statement of Changes in Immigration Rules Cm 6918 A new ‘Statement of Changes in Immigration Rules’, Command […]
Garden Court to host second international conflict management course 11-16 September
