COURT OF APPEAL Unfair dismissal Sarkar v West London Mental Health NHS Trust [2010] EWCA Civ 289 The Employment Tribunal had not erred into taking into account the fact that the Respondent had at one stage felt that the allegations of misconduct against the Claimant were not serious enough to engage the full disciplinary procedure, […]
A jury at the inquest into the death of 32 year old Paul Coker yesterday returned a critical verdict finding that lack of communication coupled with inadequate police training in identifying Paul’s condition as a medical emergency contributed to his death. The inquest opened on 11 January 2010 before HM Deputy Coroner for South London […]
Cases The European Court of Human Rights in R.C. v. Sweden (Application no. 41827/07;9 March 2010) made strong comments about medical evidence. Faced with a medical certificate giving a rather strong indication to the authorities that the applicant’s scars and injuries may have been caused by ill-treatment or torture, and in that scenario the domestic […]
Report by Nadine Finch and Laura Brownlees on the ordeal that migrant children face in Britain.
The Latest Housing Law News Mortgage Rescue: on 4 March 2010 the Government published a new leaflet describing its mortgage rescue scheme in England: Government mortgage to rent. The leaflet is only available on-line. For copies, click here. Social Housing Allocation: on 3 March 2010 the Housing Minister announced the launch of a new "home-finding" […]
COURT OF APPEAL Employment statusMuschett v HM Prison Service [2010] EWCA Civ 25The relationship between the Claimant, who was placed by an agency to work in a prison laundry, and the Respondent had not developed into that of an employee, nor was he in the Respondent’s employment for the purposes of s78 Race Relations Act […]
News Senior home office officials will be questioned this week by the home affairs select committee over allegations that women inside Yarl’s Wood immigration detention centre were assaulted by staff using riot shields. http://www.guardian.co.uk/uk/2010/feb/28/yarls-wood-assaults The Quarterly statistics covering immigration and asylum were published by the home office last week. Figures show that applications for asylum […]
The Latest Housing Law News New national standards for social landlords: the Tenant Services Authority (TSA) will announce later this month the content of the new national statutory standards to be observed by both local councils and housing associations from 1 April 2010. The TSA has been working through a deluge of comments on the […]
Stephen Knafler, Judy Khan and James Scobie, to be Queen's Counsel.
Court of Justice of the European Union PRESS RELEASE No 12/10
On 17 February 2010 the High Court delivered judgment in the case of R (on the application of Equality & Human Rights Commission) (Claimant) v Secretary of State for Justice (Defendant) & Secretary of State for the Home Department (Interested Part
Honouring the victims of forced marriage and honour killings: moving from awareness to action. An interactive seminar aimed at creating a multi-agency approach.
Garden Court Chambers has reviewed its events booking system.
The Latest Housing Law News Housing Benefit: today is the closing date for submissions to the consultation on the reform of Housing Benefit. See the details under "Housing Law Consultations" (below) Legal Aid for Housing Cases: later this week (on 26 February 2010) the LSC will open the tender process for Social Welfare Law (including […]
News The First-tier Tribunal (Immigration and Asylum Chamber) and the Upper Tribunal (Immigration and Asylum Chamber) replaced the Asylum and Immigration Tribunal as from 15 February 2010. seehttp://www.tribunals.gov.uk/ImmigrationAsylum/andhttp://www.tribunals.gov.uk/ImmigrationAsylum/utiac/ The Children’s Commissioner for England has produced a report critical of the practice of detaining children at the Yarl’s Wood Detention centre. seehttp://www.11million.org.uk/For the government’s response. seehttp://www.ind.homeoffice.gov.uk/sitecontent/newsarticles/2010/February/yarls-wood-media-coverage […]
In a rare move, the European Court of Human Rights (ECtHR) grants an application under Rule 39 for an interim measure preventing removal of the Applicant in respect of his complaints raising Articles 8 Right to Family Life and Article 6 Right to a Fair He
Garden Court Chambers influencing policy at EU level
The Latest Housing Law News Still no security of tenure for council site residents. The Housing & Regeneration Act 2008 section 318 would extend security of tenure to residents of official local authority gypsy and traveller caravan sites. On 10 February 2010 a civil servant at Communities & Local Government (CLG) indicated that ministers had […]
News The Council of Europe noted that several European governments are forcibly returning to Kosovo persons who have found shelter in their countries. To assess the situation, Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, visits Kosovo from 11 to 13 February. Amongst the returnees are some Roma, who have ended up in […]
Garden Court barrister Ian Peddie QC, will be a speaker at the Medical Evidence in Child Abuse Cases Conference 2010
