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Linda Jacobs and Catriona Stirling, instructed by the Bar Pro Bono Unit, have represented the family of an 11-year-old boy at the hearing of an urgent application by an NHS Trust for a declaration that it would not be unlawful to withdraw the medical treatment that was keeping him alive. The child, X, (in the case of matter of the inherent jurisdiction of the High Court and in the matter of a child X (aged 11)) had been in hospital since July. He was a normal fit and healthy boy until he contracted a virus which attacked his heart. His condition had deteriorated in
Five Cloisters' Silks are on the panel of 22 leading Queen’s Counsel at the 22 Silk - Hot issues in Employment Law 2015-2016 conference devised and chaired by Michael Rubenstein. Robin Allen QC, Daphne Romney QC, Jason Galbraith-Marten QC, Caspar Glyn QC and Rachel Crasnow QC will be part of the expert panel who will update delegates on the latest key issues in employment law that are likely to be of concern in 2015-16. Date: Thursday 1 and Friday 2 October 2015 Venue: Strand Palace Hotel, London, WC2R 0JJ Robin will open the conference on Thursday 1 October with a session on human rights and employment law. The Charter of Fundamental Rights of the
Chris Milsom considers the recent EAT Judgment which decides that a limited company can sue for discrimination under the Equality Act 2010 below: In this month’s Employment Law Association Briefing (Blurred Lines? ‘Association’, ‘Direct’ and ‘Indirect’ following CHEZ) I addressed the controversial decision on associative discrimination of CHEZ Razpredelenie Bulgaria Ad v Komisia Za Zashtita Ot Diskriminatsia  IRLR 746. I suggested that one observation in the opinion of AG Kokott at  warranted further attention on another day (emphasis added):- “…it is clear that economically active persons are also exposed in various ways to the risk of suffering discrimination based
Jonathan Mitchell QC has been nominated Scottish Silk of the Year for the Legal 500 Awards 2015. Jonathan's practice is based in Scotland. He has a wide civil practice, with special interests in public, constitutional, and administrative law, and in equality issues. In addition to his court appearances, he has an active opinion practice. Chambers 2015 says Jonathan is “well respected for his wide-ranging public law expertise, which has a particular focus on issues of civil liberties and human rights. He is also noted for his expertise in issues arising in the context of immigration, mental health and employment. "He has a certain
Robin Allen QC has been shortlisted for Employment Silk of the Year for the 2015 Legal 500 UK awards. Robin, Head of Cloisters, specialises in employment, equality, discrimination, human rights, public law and local authority work. He has twice been named Chambers and Partners' "Employment Law QC of the Year" and has appeared in 145 reported cases in the Industrial Relations Law Reports (more than any other barrister). These include many path-finding appellate cases at the highest level in the UK and Europe. He has appeared in more than 30 cases in the House of Lords/Supreme Court.
At 8am on Saturday, 26 September 2015, Ahmad Al Faqi, one of the architects of the violence in Timbuktu, Mali in 2012 which saw the repression of the local population and the destruction of numerous ancient shrines, arrived at the International Criminal Court’s detention centre in the Hague after having been surrendered by the authorities in Niger. Cloisters’ Sheryn Omeri was a member of the ICC’s Mali team which investigated and analysed the situation in Mali and ultimately drafted the application for a warrant of arrest for Al Faqi, when she was based in the Hague from April to July this
Declan O’Dempsey has published a podcast about how far charities can engage in political campaigning. Here he: Considers how the restrictions in charity law on political activity affect in particular charities concerned with human rights and/or equality. Covers the guidance issued by the Electoral Commission and by the Charity Commission, and considers the operation of the Transparency of lobbying Non-Party Campaigning and Trade Union Administration Act 2014 on charities. Considers what restrictions exist on charities in relation to campaigning at local elections. Considers the position of charities in relation to the forthcoming referendum on the UK’s membership of the
Cloisters is delighted to announce that one of its cases has been short-listed for 'Outstanding Case of the Year' in the Eclipse Proclaim Personal Injury Awards 2015. The case in question: JXMX (A Child) v Dartford and Gravesham NHS Trust  EWHC 3956 (QB) fundamentally changes the approach to anonymity in approval hearings. William Latimer-Sayer persuaded the Personal Injury Bar Association to intervene in the appeal. Led on the appeal by Rob Weir QC from Devereaux Chambers and assisted by the research of Sian McKinley from Cloisters, the Personal Injury Bar Association’s submissions were ultimately accepted. The Court of Appeal’s landmark decision led to a
Cloisters is delighted to announce that it has been short-listed for the Eclipse Proclaim Personal Injury Awards 2015 for ‘Barristers’ Chambers of the Year’. Chambers has had many notable successes in high value personal injury cases. One recent example is the case in which Cloisters’ barrister, William Latimer-Sayer, instructed by Shoosmiths LLP and led by Susan Rodway QC, acted for the claimant which saw the highest ever clinical negligence court award in history. The child, James Robshaw in the case of James Robshaw (a child by his mother and litigation friend Suzanne Adams) v Lincolnshire Hospitals Trust suffered catastrophic injuries as a result
In a ground-breaking judgment in Tirkey v Chandok and another ET/3400174/2013, handed down on 17 September 2015, the Employment Tribunal upheld claims for harassment on the grounds of race, religious discrimination, unfair dismissal, pay claims and breaches of the Working Time Directive. The Claimant was born in India to the Adivasi class, which falls at the bottom of India’s hierarchical caste system. Ms Tirkey was recruited from India and kept in domestic servitude by the Respondents. The Tribunal found that she was recruited from India because who she was ‘by birth, by virtue of her inherited position in society’. The conditions
By Daniel Dyal In Thompson v London Central Bus Company UKEAT 0108_15_2007 Mr Thompson claimed that he was victimised because of a protected act. The twist was that he did not do the protected act himself. The protected act was done by another employee with whom, Mr Thompson claimed, management associated him. Mr Thompson was a member of the same trade union as the person who had done the protected act and this appeared to be the basis of the association. At a Preliminary Hearing (‘PH’) the employment tribunal decided that in principle the Equality Act 2010 protected employees against associative
Cloisters' highly acclaimed autumn seminar programme on employment and discrimination on 13 and 15 October 2015 is featured below: Cakes, obesity and no room on buses! Anna Beale & Catherine Casserley: Tuesday 13 October Upcoming challenges in employment discrimination law Who is protected? What is disability? Religion, philosophical belief or neither? Indirect discrimination o Lessons to be learned from non-employment discrimination cases Proportionality Reasonable adjustments Balancing rights: sexual orientation and religion and belief ----------------------------- Working out working time Jason Galbraith-Marten QC & Chesca Lord: Thursday 15 October Calculating the correct sum for holiday pay Overtime, commission, deferred pay, tips etc. Appropriate
Jacques Algazy QC, an expert at Cloisters on international and territorial jurisdiction and conflicts of laws, comments on the recent judgment of the European Court of Justice below. In Holterman Ferho Exploitatie BV and others v Spies von Bullesheim C-47/14, the CJEU definitively ruled in favour of the jurisdiction provisions applicable to employment contracts as prevailing over all and any other jurisdiction provisions that might be in play. Mr Spies von Bullesheim (“SVB”) was a German National and resident in Germany. He was an employee of Holterman Ferho Exploitatie BV (“HFE”), a Dutch Holding Company, and also a director of
Last Tuesday Rachel Crasnow QC gave evidence to the House of Lords Select Committee on the Equality Act 2010 and Disability on behalf of the Bar Council. She along with other organisations, such as The Law Society, The Discrimination Law Association and The Law Centres Network, were asked their views on how well the Equality Act 2010 is being enforced. The Bar Council has now published a blog by Rachel setting out what occurred before the Committee at last Tuesday's session: http://www.barcouncil.org.uk/media-centre/bar-blog/
Cloisters is proud to announce that Paul Epstein QC and William Latimer-Sayer have been shortlisted for the Chambers UK Bar Awards 2015. Paul Epstein QC has been shortlisted for Employment: Silk of the Year. William Latimer-Sayer has been shortlisted for Personal Injury/Clinical Negligence: Junior of the Year.
Cloisters is delighted to announce that 29 members have been ranked in civil liberties, clinical negligence, employment, personal injury and sports practice areas in the Legal 500 2015 edition. What they say: Solicitors have ‘absolute confidence in any barrister’ from Cloisters, which is best known for its employment, personal injury and clinical negligence work. It is deeply rooted in equality and discrimination law, and has related strength in human rights matters. For some, it is ‘the absolute set of choice’, providing ‘the whole package in terms of results and client relationship’. The overall service is ‘second to none’, and the clerks are ‘very
Cloisters’ Rachel Crasnow QC will be speaking at Addleshaw Goddard’s annual Employment Group Training Day for in-house employment lawyers and HR professionals on 15 October 2015. Rachel’s session ‘Fighting for adjustments - 20 years of disability discrimination’ will offer guidance through how the law has developed over the last 20 years. It will consider key issues such as: the meaning of disability; the role of personal responsibility for health; discrimination by association and perception; exclusions and comparators; reasonable adjustments; constructive knowledge and whether employers should discount disability-related absence. Date: Thursday, 15 October 2015 Time: 9:00am registration for a 9:30am start, finishing at 17:00 including lunch and followed by
Ed Williams and Catriona Stirling will appear in the Employment Appeal Tribunal on 11 September 2015 in the case of Martlet Homes Ltd & Ors v Mr Dean Layton. This is an important case concerning the meaning and scope of the TUPE Regulations. It will determine whether there is a transfer within the meaning of the Regulations when there are multiple transferees, which include the original transferor. This case is likely to have far-reaching implications in areas where employees are commonly jointly and severally employed by a number of employees, such as in partnerships and in the housing association sector.
Rachel Crasnow QC will be speaking at the MBL "Employment Law Conference – Review of the Year 2015" on Monday 14 September 2015 at the London Hilton Hotel, 22 Park Lane London W1K 1BE. Rachel’s session will cover the dramatic developments in discrimination law. This conference is 6 CPD hours.
By Jason Galbraith-Marten QC In Whittlestone v BJP Home Support Limited  ICR 275 the EAT held that for those without a permanent place of work, time spent travelling between assignments counted as ‘time work’ for the purposes of the National Minimum Wage Regulations 1999. In Federación de Servicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL the CJEU has, in a judgment published today, held that time spent travelling between home and the first and last assignments of the day counts as ‘working time’ for the purposes of the Working Time Directive. Tyco installs and maintains security
Caspar Glyn QC represented Michaela Tabb, a high profile former referee, in her claim against World Snooker for sex discrimination, unfair dismissal and breach of contract. The case Michaela McInnes v World Snooker Ltd settled for an undisclosed sum. For press coverage go to: The BBC Sport: Michaela Tabb court case against World Snooker The Guardian: Michaela Tabb reaches out-of-court settlement with World Snooker The Daily Mail: World Snooker settle sex discrimination battle with referee Michaela Tabb after row over £1,000 bonus
By Brian Napier QC (Scotland) and Jonathan Mitchell QC (Scotland) The recent rejection by the Court of Appeal to Unison’s challenge to the fee-charging regime that is now part of our employment tribunal system comes as a set-back to all who see fee-charging as a denial of (access to) justice. This week, however, there is good news for some claimants. The Scottish Government has announced as part of its legislative programme for 2015-16 (A Stronger Scotland – The Government’s Programme for Scotland 2015-16) that it will remove fees from employment tribunals. It can do this because, under the new powers to be
By Rachel Barratt Sarah Fraser Butlin successfully represented the appellant in Ibarz v University of Sheffield establishing that costs funded on a party’s behalf by a trade union may be recovered from the other side. Background to the appeal Dr Ibarz taught Spanish and Latin American Studies at the University of Sheffield. The University splits its academic years into two semesters. Dr Ibarz was engaged on a series of short-term contracts lasting one semester at a time, punctuated by university holidays. On May 2013 he brought a claim in the Employment Tribunal complaining that since 2004 the University had breached the Fixed-Term
At the recent Equality Commission for Northern Ireland (ECNI) conference, Cloisters’ Dee Masters gave a talk on ‘Proposals for reform of Age Discrimination in the Provision of Good, Facilities and Services'. To read Dee's paper click here. Currently there is no protection for anyone in Northern Ireland against age discrimination in the provision of goods, facilities and services. A consultation is now under way to consider proposals made by the Office of the First Minister and deputy First Minister (OFMDFM) to address this gap. The Equality Commission brought together a range of employers, lawyers, government bodies and community and welfare groups
Case C-222/14 Konstantinos Maïstrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton – 16 July 2015; blog by Jacques Algazy QC and Rachel Crasnow QC The Claimant, a male Greek Judge holding the status of a Civil servant, challenged the Greek legislation that provides that a male civil servant is not entitled to paid parental leave if his wife does not work or exercise any profession, unless it is considered that, due to a serious illness or injury, the wife is unable to meet the needs related to the upbringing of the child. The CJEU, on a reference for a preliminary ruling from
Cloisters’ barrister, Chris Milsom, is acting for Marie Bamieh, in her whistleblowing claim against the European Union Rule of Law Mission in Kosovo (EULEX) in the Central London Employment Tribunal. Maria Bamieh, a former prosecutor at EULEX, alleges she was suspended after she blew the whistle on serious corruption taking place within the EU Agency and filed requests to start a full investigation into senior colleagues she suspected of taking bribes to shut down criminal cases. Ms Bamieh, who joined EULEX in 2008, claims she suffered a campaign of detrimental treatment and was dismissed in October 2014 on suspicion of “leaking”
Cloisters is delighted to welcome Rachel Barrett back from a year’s secondment to the Supreme Court and Privy Council, where she acted as Judicial Assistant to Lord Wilson and Lord Hodge JJSC. She was closely involved in several high profile cases across Chambers’ areas of practice, including Greater Glasgow Health Board v Doogan  UKSC 68 (concerning the extent of midwives' right to conscientious objection to abortion); Mathieson v SSWP  UKSC 47 (a human rights and discrimination challenge to the withdrawal of disability living allowance); and Coventry v Lawrence  UKSC 50 (on the compatibility of the pre-LASPO civil litigation
By Ed Williams and Sarah Fraser Butlin In what has been billed as the biggest crackdown on trade union rights for 30 years, the Conservative government have published a draft Trade Union Bill along with three separate consultation documents on ballot thresholds in important public services, hiring agency staff during industrial action and tackling intimidation of non-striking workers. Echoing the scale of the 1985 changes introduced by the then Employment Secretary Norman Tebbit, the Bill proposes: That any industrial action will require a 50% turnout AND then 40% of eligible voters must vote in favour of industrial action which affect important
By Rajiv Bhatt Following the Court of Appeal’s decision (Griffin v Plymouth Hospitals NHS Trust  EWCA Civ 1240) the Employment Tribunal has now handed down its remedy judgment. Cloisters’ barrister Chris Milsom represented the Claimant at the remedy hearing. Three points of interest arise from the judgment. Firstly, the revised calculation of pension loss has resulted in an additional £93,000 being awarded to the Claimant (although this figure seems to be incorrectly calculated and the award may even rise to approximately £123,000). Secondly, the tribunal’s comments in relation to the “withdrawal factor” are also of interest. The withdrawal factor is
Petter considers the recast Brussels regulation on jurisdiction and the recognition and enforcement of civil judgments in an employment dispute, and provides useful guidance on the ambit of the regulation and the availability of an anti-suit injunction to enforce it... To read the full article by Cloisters' Jacques Algazy QC and Fiona Bolton, Eversheds, published in this month's ELA Briefing click here.
Cloisters’ Head of Human Rights and Civil Liberties Group, Schona Jolly will join a panel of experts to speak on the latest Equality and Human Rights issues at the Justice Annual Human Rights Law Conference on 12 October 2015. The conference, aimed at all human rights lawyers, offers a great opportunity to update legal knowledge, gain valuable insight into human rights issues and also earn 6 CPD points. Venue: Freshfield Bruckhaus Deringer, Tudor Street, London, EC4Y 1HT. Time: 09.00 am – 5.00pm. For further details and booking information click here.
Tamar Burton’s article “Memory and Clinical Negligence Trials: Tressider v Royal Cornwall Hospitals NHS Trust” published in this month's edition of PI Brief Update Law Journal considers Cloisters' barrister Simon Dyer’s recent case and the role of lay witness recollection in clinical negligence claims. In Tressider v Royal Cornwall Hospitals NHS Trust  EWHC 1262 (QB) the court had a single liability issue to determine: did a child present with a visible scoliosis of the spine in November 2000 and November 2001? The orthopaedic experts agreed that had the scoliosis been visible on either consultation there was a causative breach of duty. The court was
By Rachel Crasnow QC and Siân McKinley Since C-303/06 Coleman v Attridge Law, a person may bring a claim for direct discrimination if they are treated less favourably because they are associated with a protected characteristic, such as disability or race, even if they do not share that protected characteristic. In C-83/14 CHEZ Razpredelenie Bulgaria AD the CJEU has upheld a claim for indirect discrimination by association. In doing so CJEU may have changed the way we view the boundaries between direct and indirect discrimination. Employment lawyers had some warning that this might occur after the opinion of Advocate General Kokott in
By Jason Galbraith-Marten QC The government has just announced its intention to ban smoking in all prisons in England and Wales. No doubt such a ban will be challenged as an unlawful interference with prisoners’ rights. A recent case from the Court of Session (Inner House) in Scotland may give an indication about how such a challenge will fare. In M v State Hospitals Board for Scotland  SC 112 the Court allowed an appeal against the decision of Lord Stewart sitting in the Outer House and ruled that a comprehensive smoking ban at the State Hospital for those detained by
Cloisters is delighted to announce that Catherine Casserley has been appointed specialist adviser to the House of Lords’ Equality Act 2010 and Disability Select Committee. This is a part-time role and Catherine remains in full-time practice at Chambers. The Select Committee was appointed on 11 June to consider the impact of the Equality Act 2010 in relation to how it serves disabled people. The Act was intended to harmonise discrimination law and strengthen the law to support progress on equality. The Select Committee on the Equality Act 2010 will ask how effective this legislation is. Areas that the Committee will consider include: The
Sally Cowen successfully represented the new care provider in this test of when staff TUPE to a new provider within the care industry. This will have impact on many re-tender situations in the care industry, where cutbacks are being made to the service provided. The ET (Leicester) has decided that where a re-tender exercise for housing support services resulted in a different provider taking on the work, there was no ‘service provision change’ under Reg 3(2A) TUPE 2006. C had been a support worker at a residence, providing support to disabled young people, living independently. She and her colleagues provided 24/7
Cloisters is delighted to announce that David Massarella and Claire McCann have been appointed to the B panel of the Attorney General’s Panels of Junior Counsel to the Crown. The appointment will take effect from 1 September 2015 and will run for five years.
FirstGroup Plc v Paulley The Supreme Court today (8 July) granted the Appellant Mr Paulley (represented by Cloisters’ barristers Robin Allen QC and Catherine Casserley) permission to appeal the Court of Appeal’s decision in a case considering what reasonable adjustments a bus company is required to make in order to accommodate disabled wheelchair users. The facts: Mr Paulley, a permanent wheelchair user, attempted to board a bus operated by the Respondent FirstGroup Plc. A sign on the bus asked passengers occupying the wheelchair space to "please give up this space if needed for a wheelchair user". However on the day in
This theme will be considered at Liverpool John Moores University's Equality, Diversity and Human Rights Conference on 4 November 2015 where Cloisters' Robin Allen QC will be keynote speaker. Equality, Diversity and Inclusion is a fast changing scene and this popular event will review the past five years since the Equality Act 2010 came into force and the impact it has had, both positive and negative, on diversity, equality, and community cohesion. It will consider what positive changes could be made for the future in the field of higher education. LJMU Vice Chancellor and Chief Executive will open the event which in the past
Dee Masters and Nathaniel Caiden, like many of our barristers, are frequently tasked with dealing with wide-ranging discrimination claims. They have recently written a practical article for the ELA Briefing, discussing a potential solution to taming such ‘sweeping discrimination claims’: using a staged approach. A staged approach involves the claims being divided into primary and secondary schedules. The tribunal would then adjudicate upon the primary claims. The strongest and most valuable claims would almost inevitably appear in this group. The secondary complaints would not have been withdrawn and so could be revived by the claimant, if appropriate, once judgment has been
Cloisters' Robin Allen QC is to speak at the Industrial Law Society’s Annual Oxford Conference being held at St Catherine’s College Oxford on 25-27 September 2015. This event will cover the following topics: -Conflict of rights in the discrimination field; -Restrictive covenants; -Individual v collective rights; -Settlement agreements; -Resolving workplace disputes; -TUPE; and -Industrial action and balloting reform This year’s after-dinner speaker is television presenter Miriam O’Reilly. For further details: http://www.industriallawsociety.org.uk/ils_events/68#sthash.CK7Ws3Kk.dpuf
Cloisters’ barristers Simon Dyer and Lisa Sullivan successfully represented a child with cerebral palsy in ABC v Kettering General Hospital NHS Trust. The boy, now 12, suffers from cerebral palsy as a result of delayed birth at the hospital. The case, heard at an approval hearing before Mrs Justice Nicola Davies, settled for a capitalised equivalent sum of £7.2 million. The compensation package will include funds for expert treatment, rehabilitation and care to allow the child to reach his maximum potential.
By Rajiv Bhatt Cloisters’ Chris Milsom is currently being led by Matrix Chambers’ David Wolfe QC in a judicial review of the army’s minimum service requirements for minors. The case has been brought by Child Soldiers International (CSI), an NGO concerned with the involvement of children in armed conflict. It has already generated considerable media coverage from the Independent, Channel 4 and the BBC. In the UK, potential recruits are permitted to join the army aged 16. Regulation 11 of the Army Terms of Service Regulations 2008 (SI/2007/3382) (“Army Service Regulations”) deals with the right of solders to leave the regular
On Friday 26 June 2015 same-sex marriage was recognised as a constitutional right in the USA. Siân McKinley looks at the judgment in Obergefell v Hodges, and future areas of development for the UK. Obergefell v Hodges The Fourteenth Amendment to the US Constitution provides that no state shall “deprive any person of life, liberty, or property, without due process of law” (the Due Process Clause). Furthermore, no state shall “deny to any person within its jurisdiction the equal protection of the laws” (the Equal Protection Clause). The U.S. Supreme Court ruled 5–4 that the right to marry is a fundamental
By Jacques Algazy QC The judgement of the Northern Ireland Court of Appeal (“NICA”) in Patterson v Castlereagh Borough Council marks the latest stage in the evolution of the case law on the calculation of holiday pay and the concept of “normal remuneration” for the purpose of reckoning the appropriate entitlement. The Northern Ireland Industrial Tribunal had determined that voluntary overtime was not to be included as part of the determination of Mr Patterson’s correct entitlement under the Working Time Regulations (Northern Ireland) 1998. This conclusion was reached on the Tribunal’s analysis of the English EAT decision in Bear Scotland and
By Sally Cowen The Advocate General gave an opinion last week, stating that the time taken by peripatetic employees travelling to and from their first/last appointments to home should have that time considered as ‘working time’ under Article 2 of 2003/88/EC Directive (Federación de Servicios Privados del sindicato Comisiones Obreras Case C-266/14). The facts arose from security system engineers in Spain. The company closed their regional offices, in favour of one central office in Madrid. This meant that employees used company vehicles to travel to jobs at appointed locations within their geographic area of cover, from their homes. The company did
Akua Reindorf and David Massarella discuss how the Protection from Harassment Act 1997 is a flexible tool which can be used by employment practitioners in situations that the more familiar harassment provisions in the Equality Act 2010 cannot cover. It was originally created to target stalkers, but the definition of 'harassment' within the PHA is broad enough to encompass other forms of oppressive behaviour in many different contexts, including employment. To read the full article first published in ELA Briefing please click Part 1, Part 2, Part 3
Jason Galbraith-Marten QC will be a key note speaker at Cloisters' sponsored Association of University Legal Practitioners (AULP) Conference 2015. This two day annual event for AULP members will include workshops and presentations on current issues faced by legal services in higher education. The conference is being held at University of Nottingham on Wednesday 17 June - Thursday 18 June. Jason’s topic will cover performance management of academics. For details on how to book click here
Cloisters' barrister Schona Jolly will join a panel of eminent speakers at the seminar After the Arab Spring: Human Rights and the Rule of Law in the Middle East which will explore existing and emerging forces across the Middle East four years after the start of the 'Arab Spring'. The panellists will examine the current human rights situation across the Arab world. In particular, new trends in women’s activism and political participation in post-uprising Arab countries and the challenges being faced by human rights defenders, lawyers and journalists as an essential aspect of the rule of law. Panellists will also shed a
By Catriona Stirling Once upon a time, the British Medical Journal satirically asked what doctors could do if faced with a clinical problem for which there were no randomised controlled trials and no good evidence (Isaacs, D., Fitzgerald, D. Seven Alternatives to Evidence Based Medicine. BMJ. 1999 Dec 18; 319(7225): 1618). The suggested alternatives to evidence based medicine included eminence based medicine, in the practice of which, the more senior the colleague, ‘the less importance he or she place[s] on the need for anything as mundane as evidence’; eloquence based medicine, where ‘[t]he year round sun tan, carnation in the button