COURT OF APPEAL Disability discrimination Richmond Adult Community College v McDougall [2008] EWCA Civ 4When deciding whether someone is disabled as the effect of their impairment "is likely to recur" in paragraph 2(2) of Schedule 1 to the Disability Discrimination Act 1995 the Tribunal must only look at the evidence available at the time of […]
News In a speech to Border and Immigration Agency staff, the Immigration Minister Liam Byrne set out a timetable for rolling out this year’s priorities for the agency including the provisions of the 2007 UK Borders Act. The timetable is : within 15 days to check fingerprints before a visa is issued anywhere in the […]
News An audit report of race relations across the immigration detention estate conducted by Focus Consultancy Ltd showed highlighted areas for improvement with regards to race relations. Concerns were raised about procedures in ten per cent of detention centres. More info The Legal Services Commission announced an intention to write to the Law Society’s lawyers […]
Recent Cases Complaint against Ealing LBC Ombudsman Investigation 06B5370, 6 December 2007. The local government ombudsman upheld a complaint that the council had wrongly failed to implement an appeal tribunal decision that the complainant was entitled to housing benefit. The claim was only processed after the ombudsman had become involved and some 10 months after […]
HOUSE OF LORDS Watt v Ashan [2007] UKHL 51The Labour Party is not a qualifying body for the purposes of section 12 Race Relations Act 1976 however it is an association under s25 and proceedings against it can be taken in the County Court. Nevertheless an earlier decision by the EAT that s12 did apply […]
News The new panel of independent experts under chair Professor David Metcalf met in December for the first time to discuss where the United Kingdom labour market needs migration and where it does not. The two committees are designed to help the Government strike a ‘new balance’ in setting the number of points a migrant […]
- evidence valueless and police lied, says murder case judge
Garden Court Chambers is delighted to announce the appointment of Joanne Harris as a circuit judge, sitting on the South Eastern Circuit based in Watford with effect from 23rd November.
Garden Court is pleased to announce the publication of Gypsy and Traveller Law edited by Chris Johnson and Marc Willers under the Legal Action Group imprint.
The Last Week On 4 December 2007, the Government announced a 20% increase in the Disabled Facilities Grant budget for 2008/2009. Many of the grants are mandatory and can fund a wide range of adjustments and adaptations to premises. For the details of the increased funding and of new arrangements for Home improvement Agencies click […]
Legislation The Special Immigration Appeals Commission (Procedure)(Amendment No. 2) Rules 2007, SI 2007/3370 came into force on 1.12.2007. The amendments give effect to the EC ‘Procedures Directive’ (Council Directive 2005/85/EC) in relation to service of decisions and interpreters. They also alter the time limits for applying for permission to appeal from SIAC to the Court […]
Congratulations to Mark Muller QC, who has been shortlisted for Human Rights Lawyer of the Year 2007
Our busy and vibrant Crime Team are seeking to recruit 3rd six pupils to start immediately.
This new seminar will take place on Tuesday 18th December. Book a FREE place now.
LEGISLATION UK Borders Act 2007 Royal Assent 30 October 2007 Sections 17 (Support for failed asylum-seekers) and 59-61 in force 30 October 2007 The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 SI 2007/3137 in force 3 December 2007 The Regulations amend regulations 2 and 7 of, and Schedules 2, 4 and 5 to, […]
The Last Week On Tuesday 27 November 2007 the important new Housing & Regeneration Bill had its Second Reading in the House of Commons. For a copy of the debate click here The Bill now goes for detailed consideration in a Public Bills Committee. That stage is expected to be completed by the end of […]
COURT OF APPEAL TUPE Regent Security Services Ltd v Power [2007] Civ 1188The Court of Appeal upholds the decision of the EAT that the Claimant could rely on the contractual retirement age agreed after the transfer which were to his benefit and the Respondent could not insist that he be bound by the term in […]
This seminar will cover an update on recent developments in case law and practice in sentencing 'dangerous' offenders to Imprisonment for Public Protection.
The Last Week On Monday 19 November 2007 the Housing Corporation published Tenure: Good Practice Note 14 to enable housing associations to comply with the law relating to occupancy agreements and the Housing Corporation’s requirements contained in the Regulatory Code and related Circulars. The Note covers the circumstances in which associations are permitted to grant […]
News The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak published a report on Indonesia on 23 November 2007 (http://www.ohchr.org/). The Special Rapporteur noted an improvement in certain regards although he criticised the Indonesian authorities for the impunity shown to alleged perpetrators of torture and lack of legal […]
