CASES TUPE Celtec v Astley [2006] UKHL 29 The contracts of employment of workers of an undertaking are automatically transferred on the date of the transfer. This date cannot be changed by agreement between the parties. In the present case it was the date of the employees secondment from civil service not from the later […]
Stop Press New "suspended" possession order now in force. The 42nd set of CPR amendments includes (from today) the new provisions designed to prevent the creation of more tolerated trespassers. PD55 is amended to provide a procedure for – and formalise the making of – "postponed possession orders" along the lines suggested by the Court […]
News Charging "failed" asylum seekers for healthcare is having a devastating human impact and the policy should be scrapped immediately, the Refugee Council explain in a new report. Read more A failed asylum-seeker has been ‘unfairly sentenced’ to 12 years’ jail in Syria after being forcibly returned from the UK, according to Amnesty International. Muhammad […]
The second issue of a bi-annual newsletter being published by Garden Court Chambers.
News The fate of the Isle of Man’s first asylum seeker could lie in the hands of Lieutenant Governor Vice-Admiral Sir Paul Haddacks. As the Island is not treated as a state for the purposes of the Refugee Convention and has no legislation to deal with a claimant, it cannot provide asylum in its own […]
The U.S Supreme Court ruled on Thursday that President George W. Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees. In its ruling, the court said military tribunals contravened both the Geneva Convention o
The final report from the Zahid Mubarek Inquiry has been published.
It concludes that the death of Asian prisoner Zahid Mubarek at Feltham Youth Jail in March 2000, should and could have been prevented.
Zahid Mubarek was killed by his cellmate Robert
Specialist Advice & Support with Housing Law Cases Free specialist help and support with housing cases and housing law queries is still available from Garden Court Chambers Housing Line Tues to Thurs 2 – 5pm 020 7993 7666 Calls are taken direct by barristers specialising in Housing Law and the free service is available to […]
West Yorkshire Police have paid the widow of Eric Smith, 53 and father of seven, ï¿‚ïx£18,000 compensation.
Eric Smith died on 2 November 1998, three days after being sprayed in the face with CS spray his own home. Police officers had attended to arrest
The Court of Appeal held this week that a person who survived to a joint tenancy in 1969 was not transformed into a successor by section 88(1)(b) of the Housing Act 1985 (Walker v Birmingham City Council[2006] EWCA Civ 815). Mrs Walker became a joint tena
LAG, publisher of Community Care Law Reports (CCLR), in association with Garden Court Chambers and Doughty Street Chambers are pleased to present their quarterly seminar entitled: Life after Grogan: future developments in continuing care.
Key speakers:
CASES Breach of Contract Fraser v HMLAD Ltd [EWCA] Civ 738 The employee brought a claim for unfair dismissal and wrongful dismissal. He reserved his right to bring a claim in the High Court in so far as his claim for breach of contract exceeded the limit of £25,000 that the Employment Tribunal could award. […]
Government & Legislation On 13 June 2006 the Housing Corporation announced a ‘crackdown’ on housing associations that do too little to involve residents in the running of the association. This follows the report of the Review of Regulatory and Compliance Requirements by Sir Les Elton. For the Corporation’s press notice Click Here On 14 June […]
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
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 […]
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 […]
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" […]
