Legislation Nationality, Immigration and Asylum Act 2002, s. 9 was brought into force on 5.6.6 (for the purpose of making subordinate legislation) and in every other respect, will come into force on 1.7.6 by the Nationality, Immigration and Asylum Act 2002 (Commencement No. 11) Order 2006 SI 2006/1498. Section 9 introduces a new definition of […]
Conville v Richmond upon Thames LBC [2006] EWCA Civ 718
Court of Appeal, Thursday 8 June 2006
Intentionally homeless families are entitled to temporary accommodation from a council for a period that will give them a "reasonable opportunity" to f
News Garden Court Chambers held an open meeting about the Deportation of Foreign Nationals on 7th June 2006. A fact sheet explaining the relevant criminal and immigration law is also available. Click Here to download the factsheet The Joint Committee on Human Rights heard oral evidence from the Immigration Law Practitioners’ Association, the Solicitors’ International […]
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.
Government & Legislation On 5 June 2006 the Cabinet Committee on Anti-Social Behaviour & Respect received a presentation from "five experts" on anti-social behaviour. Click Here to view the transcript Following the meeting the Secretary of State for Work & Pensions announced the Government’s plans to cut housing benefit for households evicted for anti-social behaviour […]
Cases Costs Sutton v The Ranch Ltd UKEAT/0072/06 The employers did not file a Response and so under Rule 9 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004they were not entitled to take any part in the proceedings except as set out in that rule. As a result under to Rules 8(1) […]
Government & Legislation Several Bills relating to Housing issues are presently before Parliament… Today (5 June 2006) the Police and Justice Bill has its second reading in the House of Lords. It is published as HL Bill 104 for 2005-06 Click Here to read more. It contains the Housing elements of the Government’s "Respect Agenda" […]
News The Home Office has published its quarterly report of asylum statistics. There were 6,455 applications for asylum in the first quarter of 2006, an increase of 5% on the last quarter of 2005 (6,165), but 8% lower than the same time last year (7,015). The top applicant nationalities were Zimbabwe (755), Eritrea (745) and […]
You can download a factsheet here:
Factsheet - DFN
Deportation of Foreign Nationals Factsheet.pdf 795.83 kB
A meeting is being held on the evening of Wednesday 7th June to discuss this issue - 6.30 p.m.
Government and Parliament John Reid has made two immediate changes to current guidance relating to the deportation and removal of foreign nationals who have received custodial sentences, Written Ministerial Statements 23rd May 2006: "To enable them to deal effectively with the current flow of cases, I have agreed two immediate changes to the system. The […]
News The eligibility rules for both homelessness and council housing allocation change this coming Thursday (1st June). The new regulations (and a useful separate explanatory memorandum) are available to download. Click Here to proceed. The official court statistics for last year have just been published. They show a substantial increase in the number of possession […]
CASES Discrimination compensation Miles v Gilbank [2006] EWCA Civ 543 Under the Sex Discrimination Act 1975 an employer is vicariously responsible for acts done by an employee in the course of his employment (s41(1)), an employee is liable for acts for which the employer is made vicariously liable (s42(2)). The employee is also liable for […]
M was an asylum-seeker who was HIV+. He was fully able to care for himself and function normally, but if he became homeless he was at increased risk of injury. The Court held that M was entitled to residential accommodation from the local authority and di
News The website of the Housing Law Practitioners Association has been completely re-vamped and updated. Click Here to take a look. The Court of Appeal will give its judgment on the issues arising from use of the Suspended Possession Order Form N28 on Tuesday 23 May. The decision (in Bristol CC v Hassan & Glastonbury) […]
News The Home Office Country of Origin Information Service published new country reports for April 2006. They include Vietnam, Pakistan, China and Gambia. Click Here to view them. Although to determine which have just been published it may be more efficient to look at the Ecoi website. Court of Appeal The judges in Reka v […]
Government and legislation On 10 May 2006 the Government began consulting (until 2 August 2006) on proposed changes to the maximum rate of commission that park owners can charge on the sale of a home. To view the consultation paper Click Here Cases Lee-Lawrence v Penwith DC [2006] 9 May, CA [2006] All ER(D) 115(May). […]
Government and Parliament The Home Office have revised their guidance concerning asylum applications from both accompanied and unaccompanied children. For more info Click Here News The United Nations stated on 5 May 2006 that the human rights crisis in Sudan’s Darfur region is in some respects worse than 18 months ago, humanitarian aid is declining, […]
Government and legislation On 6 April 2006 amendments to the Civil Procedure Rules extended the normal time limit for making an appeal in a civil case from 14 to 21 days and amended the test on whether permission to appeal should be granted to reflect “proportionality”: see the amended CPR 52 at http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part52.htm On 11 […]
UPDATE: On the 3rd August 2006 the Court of Appeal rejected the Home Office appeal against the decision of Mr Justice Sullivan. The appeal court, headed by the Master of the Rolls, unanimously ruled that the judgement below was "impeccable."
D
Cases Unfair dismissal upper age limit Secretary of State for Trade and Industry v Rutherford & Ors [2006] UKHL 19 The House of Lords holds that the upper age limit of 65 for claiming unfair dismissal and redundancy under sections 109 and 156 Employment Rights Act 1996 does not have an adverse impact on a […]
