CASES Burden of proof Madarassay v Nomura International [2007] EWCA Civ 33 The Court of Appeal holds that is not enough for a Claimant to shift the burden of proof for her simply to establish a difference in status (ie gender) and a difference in the treatment. A difference in status and a difference in […]
Government & Legislation last week The statistics for landlord’s possession claims, dealt with by the county courts in the last quarter of 2006, were released on Friday 2 February 2007. The number of claims issued was down 20%. The statisticians note that this was the first period to which the Rent Arrears Pre-Action Protocol applied […]
Garden Court runs an ongoing programme of seminars and training based at Chambers. We also host seminars by other social justice organisations.
Government & Legislation Last week Monday 22 January 2007 saw another wave of "anti-social behaviour" initiatives from the Government’s Respect Action Team. For a copy of the new Respect Handbook, click hereFor the latest statistics on injunctions, possession orders and demotion orders, click here For the list of 40 local authorities allocated an additional £6m […]
News On 21 January 2007, it was reported that the Secretary of State, John Reid MP, stated that the Home Office could be split into two departments under recommendations made by him. One department would deal with security issues and the other with justice under the plans, which are set be to put to the […]
Government and Legislation last week On 19 January 2007 the Scottish Executive concluded its consultation exercise on the relaxation or abolition of the "local connection" rules in the homelessness legislation in Scotland. For a copy of the consultation paper (Modifying Local Connection Provisions in Homelessness Legislation) click here On 18 January 2007 the Wales Audit […]
Cases Statutory grievance procedure Bradford MDC v Pratt UKEAT/0391/06/ZThe modified procedure requires the step one letter to set out both the grievance and "the basis" for it. The EAT held that the purpose of step one of the modified grievance procedure is for an employee to set out in his statement not only the grievance […]
News Reports from unannounced inspections on four immigration short-term holding facilities (Colnbrook near Heathrow Airport, Reliance House and John Lennon Airport, Liverpool and Sandford House, Solihull) noted that detainees spent unacceptably long periods locked in single rooms; there was a lack of information and independent advice for people facing imminent removal; staff lacked information about […]
Garden Court's Housing silk, Jan Luba QC, is among the 100 Top Lawyers unveiled in today's Times newspaper as members of the Law Panel supporting the new Times Law On-line initiative.
Government & Legislation in the New Year Today (15 January 2007) the Government has issued a consultation draft of a new statutory Code of Guidance on Allocation of Social Housing. Responses are sought by 10 April 2007. For a copy of the document click here The Government’s proposed reforms of the legal aid scheme were […]
Practitioners who have been advising clients on the rights of EU nationals and their family members in recent months will have noted the immensely difficult hurdles placed on those who have not formerly resided in another Member State. The UK Government h
Review Griffin v City & Islington College UKEAT/0459/06/JOJ The Respondent conceded liability for holiday pay under the Working Time Regulations as a series of unlawful deductions going back three years on the basis of the decision of the EAT in List Design Group v Douglas [2002] ICR 636. It requested a review when the Court […]
Gender/sexuality, activism and the promise of law - a two day conference at the University of Westminster with speakers including Maya Sikand and Bethan Harris from Garden Court Chambers
Government & Legislation: Last week On Monday 11th December 2006 the latest Homelessness statistics for England were published. They indicate the lowest number of acceptances by local authorities for 20 years. For the 3rd Quarter 2006 data click hereFor access to statistics for earlier periods click here To accompany the statistics, Communities & Local Government […]
Disability discrimination Lewisham Social Services v Jackson UKEAT/0331/06/DA The Employment Tribunal erred in finding that a failure to consult the Claimant about his disability was a failure to make reasonable adjustments. This was not part of the claim before it and was not in any event a breach of the duty (applying Tarbuck v Sainsbury’s […]
A new paper from Garden Court Chambers offers an introduction to the proposed new Coroners Reform Bill. Leslie Thomas from the Garden Court civil team has written 'Reforming the investigative process into deaths in custody?' which was presented at a semin
Garden Court hosted a successful fundraising event to raise money for children in Sri Lanka who have been affected by the tsunami.
Government & Legislation: Last Week On Monday 4th December 2006 the latest tranche of the Disability Discrimination Act 2005 provisions relating to Housing came into force. They impose on most landlords new duties to make reasonable adjustments to reflect the needs of disabled people and require public and social landlords to discharge a general disability […]
News The Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2006 amend the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 to bring them into line with the Asylum and Immigration Tribunal (Procedure) Rules 2005. More info In response to concerns about the health of HIV positive asylum seekers being put at risk […]
Two members of Garden Court Chambers have been shortlisted for Liberty's prestigious Human Rights Lawyer of the Year Award 2006 in recognition of their commitment to human rights.
