News & Views

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News & Views

Garden Court Chambers | Thursday 6 March 2008

Patient released by High Court in habeas corpus application.

An application before the High Court for habeas corpus was upheld by Mr Justice King on 4th March 2008.

Garden Court Chambers | Wednesday 5 March 2008

Issue 86 – 3 March 2008

Housing News On 29 February 2008 the Civil Justice Council issued a draft pre-action protocol for mortgage arrears possession claims. The protocol is intended to ensure that before proceedings are commenced all reasonable steps have been taken to avoid the necessity for litigation. Responses to the draft are sought by 23 May 2008. For a […]

Garden Court Chambers | Monday 3 March 2008

Issue 78 – 3th March 2008

News Points system The new points system was launched on 29 February 2008. According to the BIA website, the key elements of the system are: it combines more than 80 pre-existing work and study routes in to the United Kingdom into five tiers (highly skilled individuals; skilled workers with a job offer; low skilled workers […]

Garden Court Chambers | Thursday 28 February 2008

Issue 47 – 25th February 2008

EUROPEAN COURT OF JUSTICE Disability Discrimination Coleman v Attridge Law (Case C-303/06) Ms Coleman cares for her disabled son. When she sought to take time off to care for him, she was called ‘lazy’ by her employer and was accused of attempting to manipulate her working conditions. She brought claims under the Disability Discrimination Act […]

Garden Court Chambers | Monday 25 February 2008

Homeless Teenagers: Landmark Decision from the Law Lords

On 27 February 2008 the House of Lords handed-down an important judgment clarifying local authority responsibilities for homeless teenagers.

Garden Court Chambers | Monday 25 February 2008

Issue 85 – 25 February 2008

Recent Housing Law News On 21 February 2008 the Ministry of Justice published The Importance of Housing for Women Prisoners. The booklet outlines why those working with women prisoners should pay particular attention to their housing needs and offers support in seeking to maintain and gain housing on discharge from custody. For a copy of […]

Garden Court Chambers | Monday 25 February 2008

Issue 77 – 25th February 2008

Legislation Update 2008 No. 310 (C. 10) The Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008 The following provisions of the Immigration, Asylum and Nationality Act 2006 come into force on 29th February 2008 — sections 15 to 18 to the extent to which they are not […]

Garden Court Chambers | Monday 18 February 2008

Issue 76 – 18th February 2008

News A new report released at the Church of England’s General Synod, by The Children’s Society last week has given a snapshot of the stark reality for child asylum seekers and refugees living in Britain. More info see also refugee council news Visitors to Europe will face biometric screening and automated security checks under proposals […]

Garden Court Chambers | Monday 11 February 2008

Issue 75 – 11th February 2008

News New immigration rules appear in HC 321, many effective from 29 February 2008. They include new provisions regarding forms and procedures, extensions of stay for Tier 1 (General) Migrants (including restricting access to employment for Doctors in Training) and entry for their partners and children, and settlement for work permit holders. Illegal entrants will […]

Garden Court Chambers | Friday 8 February 2008

Poker players dealt a poor hand by the Court of Appeal

Thousands of poker enthusiasts will have been disappointed by today's appeal court decision in R v Kelly.

Garden Court Chambers | Thursday 7 February 2008

Jan Luba QC Wins Landmark Homeless Case

An important Court of Appeal decision determines Birmingham Council's housing allocation policy to be unlawful. Jan Luba QC appeared as leading counsel for the families, instructed by Mike McIlvaney, Community Law Partnership, Birmingham.

Garden Court Chambers | Wednesday 6 February 2008

Encountering Human Rights:Gender/Sexuality, Activism and the Promise of Law’.

This two-day conference brought together activists, academics and practitioners to assess how human rights law and practice in the UK interacts with issues concerning gender and sexuality. The conference was organised by the Centre for Law, Gender and Sexuality, Liberty and the Legal Action Group. It was funded by the Modern Law Review and keynote […]

Garden Court Chambers | Tuesday 5 February 2008

Petra Blanksby Inquest: Coroner urges changes in the prison service

The inquest lasted three weeks before the Wakefield Coroner Mr David Hinchliff, returning a verdict that noted prison was 'not a suitable place' for Petra and that the sexual and emotional abuse she suffered while in the care of social services had contr

Garden Court Chambers | Monday 4 February 2008

Issue 84 – 4 February 2008

Last week On 30 January 2008 more information was published about the condition of rented and owner-occupied housing in England. The figures from the 2006 condition survey indicate that there are 1.3 million social sector non-decent homes and 1.4 million private sector vulnerable households living in non-decent homes. Some 4.8 million homes (22%) have category […]

Garden Court Chambers | Monday 4 February 2008

Issue 74 – 4th February 2008

News The Border and Immigration Agency has published new guidance, entitled "Planning Better Outcomes and Support for Unaccompanied Asylum Seeking Children", for the handling of claims made by unaccompanied minors. More info The BIA has changed its fee scheme as of 31st January 2008. Fees for most applications have remained the same or have had […]

Garden Court Chambers | Thursday 31 January 2008

Ministry of Justice to Review Bail Guidance to Judges following police officer’s suicide

The tragic consequences of the death of Gary Weddell, due to stand trial in May for killing his mother-in-law, will lead to a review of guidance given to judges on bail applications, Ministry of Justice sources have revealed.

Garden Court Chambers | Wednesday 30 January 2008

Resounding victory in the case of Payir: Earning right to work after entry as a student

When does a foreign student or au pair get an EU right to work? Nicola Rogers of Garden Court Chambers represented Mr Ozturk and Mr Akyuz before the European Court of Justice in Luxembourg, instructed by Rachel Meates of Irving & Co solicitors.

The

Garden Court Chambers | Tuesday 29 January 2008

Issue 83 – 28 January 2008

Last week On 22 January 2008, Karen Buck MP tabled an Early Day Motion on the issue of retaliatory eviction in the private rented sector. The Motion is now available for other MPs to sign. For the text of the motion click here On 23 January 2008, the Government announced the appointment of a team […]

Garden Court Chambers | Monday 28 January 2008

Issue 73 – 28th January 2008

News Unified contract: Society to issue second judicial review The Law Society is about to issue further judicial review proceedings to oblige the Legal Services Commission (LSC) to comply with the declaration of the Court of Appeal. Read more The Border and Immigration Agency (BIA) have announced a consultation on a new Code of Practice […]