The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Starbucks held to account by Tribunal for its discrimination and victimisation of a dyslexic employee represented by Rajiv Bhatt Rajiv Bhatt successfully represented the Claimant, Ms Meseret Kumulchew, in her sex and disability discrimination, victimisation and whistleblowing case against Starbucks, Vishal Ballee (the store manager at the time) and Sharon Sherrett (the area manager).  The case, Kumulchew v Starbucks. has been widely reported by the BBC. Ms Kumulchew is employed as a Qualified Shift Supervisor at a Starbucks store.  She is dyslexic and struggles with reading, spelling and comprehension with information - she requires things to be broken down step by step.  Starbucks was aware of her dyslexia from an early stage in her employment. As part of her duties, Ms Kumulchew

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Access to Justice: the EAT considers how courts can provide reasonable adjustments for disabled people In Rackham v NHS Professionals Ltd Langstaff P (as he then was), in the EAT, has given judgment on the existence and nature of the duty on tribunals and courts to make reasonable adjustments for disabled litigants. Rackham v NHS Professionals Ltd [2015] UKEAT/0110/15: the issues The Claimant brought a case of disability discrimination and unfair dismissal against the Respondent. The Claimant was autistic at the high end (diagnosed as Asperger’s) and suffered from anxiety. That he was disabled was not disputed by the time of the appeal. At first instance he acted as a litigant in person with some assistance

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How disabled people can get a fair hearing from the law courts John Horan and Nathan Roberts persuaded the President of the EAT, Langstaff P (as he then was), in the case of JW Rackham v NHS Professionals Ltd [2015] UKEAT to issue guidance for disabled people including a recommendation as to the Equal Treatment Bench Book’s ground rules hearing. The ground rules hearing has never been judiciously considered before and this new development has many implications for civil, criminal and family trials as well. John and Nathan acted for the Appellant and were instructed by RadcliffesLeBrasseur For the full judgment click here  

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Age discrimination and the taxation of pension income By Robin Allen QC and Dee Masters In Finland there is a supplementary tax on income from a retirement pension (“the Supplementary Tax”).  It is charged at a rate of 6% provided that the pension income is greater than €45,000.  Crucially, it is paid in addition to the income tax which would ordinarily be levied. A Finnish national challenged the Supplementary Tax when the Government sought to tax his €460,000 retirement income which was partly derived from a workplace pension fund.  He argued that it amounted to age discrimination contrary to the Charter of Fundamental Rights of the European Union (“the

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Settling Injury to Feelings: A Taxing Time Tom Gillie, a pupil at Cloisters, considers the recent Upper Tribunal (Tax and Chancery Chamber) judgment in Moorthy v HMRC [2016] UKUT 13 TCC in respect of taxation on injury to feelings payments. Introduction Until recently, you could be forgiven for thinking that sums paid as settlement for injury to feelings were tax exempt. That forgiveness stops here: the Upper Tribunal (“UKUT”) has confirmed that payments for injury to feelings do not fall within the tax exemption which applies to payments for “injury” (under s.406 ITEPA). This means there are conflicting decisions in respect to this issue in two different forums:

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Material Contribution – the next chapter By Sally Cowen The Privy Council has (25/1/2016) given judgment in Williams v Bermuda Hospitals Board [2016] UKPC4, giving greater clarity on the issue of when a material contribution occurs. Previously Bailey v Ministry of Defence in the Court of Appeal had indicated that ‘material contribution’ occurred where there were multiple causes of injury which occurred simultaneously. From now on, we have the approval of the Privy Council to acknowledge material contribution, where the events are sequential. In the facts of Williams the Claimant went to hospital with abdominal pains. He was suffering from acute appendicitis. He underwent an appendectomy later

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Simon Dyer represents successful claimant in High Court clinical negligence trial In Hearne v Royal Marsden Hospital, the High Court had to balance the evidence of multiple experts to determine whether and when a patient should have been given blood-thinning treatment. Simon Dyer represented the Claimant, a cancer patient in 2010 who presented at hospital with stomach pains and a number of risk factors for venous thromboembolism (VTE). The risk of VTE was not identified and the Claimant suffered a pulmonary embolism four days later. The Court heard from six expert witnesses on the question of liability. It was admitted that a risk assessment for VTE should have been carried out. The dispute

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The European Accessibility Act 2015 The European Accessibility Act 2015 – Robin Allen QC and Dee Masters consider the new positive duty to make reasonable adjustments in relation to services and products for disabled people and certain age groups.  To view their paper please click on the following link European-Accessibility-Act-article.docx

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Bar on Straight Civil Partnerships is Lawful Bar on Straight Civil Partnerships is Lawful – Tom Gillie, a pupil at Cloisters, considers the Admin Court’s recent judgment in the judicial review claim brought by Ms Steinfeld and Mr Keidan. Many might think that the fact couples of the opposite sex cannot enter into civil partnerships, while their same sex counterparts can, is discriminatory. But the bar on civil partnerships for heterosexual couples has not become unlawful following the Marriage (same sex couples) Act 2013, according to the High Court in Steinfeld and Keidan v Secretary of State for Education [2016] EWHC 128 (Admin). Ms Steinfeld and Mr Keidan

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Testing the limits of the Equality Act 2010 Adam Ohringer considers the recent EAT Judgment in  Butterworth v The Police & Crime Commissioner’s Office for Greater Manchester.   The Equality Act 2010 (EqA) prohibits many instances of discrimination against ex-employees.  Section 108 states: A person (A) must not discriminate against another (B) if...(a) the discrimination arises out of and is closely related to a relationship which used to exist between them, and (b) conduct of a description constituting the discrimination, would if it occurred during the relationship, contravene this Act. Despite an irregularity in the drafting of this provision, the Court of Appeal held in Rowstock Ltd v Jessemey

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CMOs Revisited: Case Management Orders in the Employment Tribunals Adam Ohringer considers the recent judgment of the EAT in Serco Ltd v Wells.   Employment Tribunals routinely make Case Management Orders (“CMOs”) for the fair and efficient determination of claims.  CMOs may be made on the papers or at a preliminary hearing.  In complex cases, there may be more than one preliminary hearing as the case progresses. In Serco Ltd v Wells (UKEAT/0330/15), the Employment Appeal Tribunal (HHJ Hand QC) considered the circumstances in which a CMO may be varied or set-aside.  What was it about? Put shortly, the Claimant’s case involved a large number of allegations contained in a Claim

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Schona Jolly appointed Joint Vice-Chair of the Bar Human Rights Committee Schona Jolly has been appointed joint Vice-Chair of the Bar Human Rights Committee, the international human rights arm of the Bar Council of England and Wales. Schona, head of Cloisters’ Human Rights and Civil Liberties Group and sitting as a Council member of Justice, specialises in discrimination and equality law, employment law as well as international human rights law.

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Early conciliation: the tide is turning towards a liberal interpretation In this blog, Nathaniel Caiden of Cloisters considers the latest EAT case on the Early Conciliation (“EC”) requirements - Mist v Derby Community Health Services NHS Trust UKEAT/0170/15 (“Mist”) (for judgment click Mist-Judgment.pdf ) which was handed down today. He also analyses the approach that ETs are likely to take going forward.   Overview of the EC requirements1. To understand the arguments that arose in Mist in relation to the EC requirements, advisors need to have a firm understanding of the EC procedure. 2. In nearly all cases, the employee will need to have gone ‘through’ EC before bringing their claim

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Claire McCann and Olivia-Faith Dobbie to speak at the ELA conference Discrimination: The Law and Strategy Claire McCann and Olivia-Faith Dobbie will be speaking on ‘Introduction to concepts of discrimination’ at the ELA  Discrimination: The Law and Strategy Conference on Tuesday 15 March 2016 at the Royal College of Obstetricians and Gynaecologists , 27 Sussex Place, Regent's Park London. Claire and Olivia’s plenary morning session will identify key discrimination concepts, including protected characteristics; direct discrimination; indirect discrimination and the justification defence (including justifying direct age discrimination); harassment and victimisation; an introduction to the additional/ different protections available in connection with disability discrimination and pregnancy and maternity discrimination; who can claim protection; when discrimination is unlawful; who can be liable for

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Ed Williams and Jennifer Danvers successfully defend School against allegations that Senior Leadership Team forged resignation letters of teaching assistants Ed Williams and Jennifer Danvers successfully defended a school in Birmingham against allegations that the senior leadership team had forged the resignation letters of teaching assistants. The facts of the case were described in the so called Trojan horse letter, which detailed a blueprint to introduce an Islamist ethos into schools in Birmingham and Bradford. Four members of staff at Adderley primary school alleged that the letters of resignation from them, which the school accepted, were forgeries. All four took the school to the Employment Tribunal. Three of the claimants alleged that the head teacher and senior leadership team were behind the forgeries. The

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Spying on Employees: Has the European Court of Human Rights really given carte blanche to employers? Schona Jolly looks at the recent judgment in Barbulescu v Romania. British newspapers have been swirling with scaremongering stories that suggest the right to privacy in the workplace is dead. This week, the European Court of Human Rights gave an interesting judgment in Barbulescu v Romania which has led to media speculation that ‘Europe’ now gives employers free rein to monitor private communications of employees. In fact, the European Court has said no such thing. The facts of the case included a policy in the workplace that specifically and expressly prevented employees from using computers for personal purposes. The employer asked

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Rachel Crasnow QC to speak at the TUC/EOR Discrimination Law Conference 2016 Rachel Crasnow QC is speaking on the challenges to the Shared Parental Leave regime at the TUC/EOR Discrimination Law Conference 2016 on 22 January 2016. Rachel is currently advising the Bar Council on how to implement SPL. This annual discrimination law conference, held at TUC Congress House, Great Russell Street, London, will give trade unions, law centres, CAB and other voluntary organisations the chance to hear leading barristers give their views on the latest legislative developments and landmark equality cases. For further details go to:  TUC Discrimination Law Conference

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Transgender Enquiry Report published today The Women & Equalities Select Committee today published its Report concluding its Transgender Enquiry which it launched on 27 July 2015 and which received over 230 submissions.  Claire McCann was appointed as a Specialist Adviser to the Enquiry and was asked to provide legal advice in relation to certain aspects of the law relating to transgender equality.  Her Legal Opinion can be found here.  The Report is the first report produced by the new Select Committee (which was only appointed by the House of Commons on 3 June 2015) and demonstrates the heightened scrutiny now being given by parliamentarians to issues

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Copy to Self @ home – BE CAREFUL! Sally Cowen considers the recent High Court Judgment in Farnan v Sunderland Association Football Club Ltd [2015] EWHC 3759 (QB). We’ve all advised clients to make sure that they accumulate evidence of the breach of trust and confidence they allege. Following Brandeaux Advisers v Chadwick [2010] All ER 235 and Tokio Marine Kiln Insurance v Ms Yi Yang [2013] EWHC 1948 (QB), we have had to make it clear to clients that this could be a contemporaneous diary kept at home, but not to take the confidential documents themselves. This can be crucial when launching a claim, or advising a client whether to

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Cloisters’ barrister William Latimer-Sayer appointed Silk Cloisters is delighted to announce that William Latimer-Sayer has been appointed Queen’s Counsel in the new silk appointments announced today. This appointment recognises William’s long-standing reputation as a top-ranking junior specialising in catastrophic personal injury and clinical negligence. He is consistently highly ranked in the leading directories. He was named as one of only two “star” individuals in London for personal injury work by Chambers and Partners and a Band 1 Junior by both Chambers and Partners and the Legal 500 for clinical negligence in 2016. William has also won and been short-listed for many Personal Injury awards. Recently he was

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Robin Allen QC to speak at the Discrimination Law in 2016 Conference On 25 January 2016 Robin Allen QC will join an eminent panel of experts to speak at the  Discrimination Law in 2016 Conference: ‘The authoritative review of the most dynamic area of employment law in Scotland ‘. Robin’s session will cover the issue of ‘Discrimination because of religion or belief and sexual orientation’. This ever popular annual conference, held at Dynamic Earth in Edinburgh, will appeal to experienced lawyers and practitioners in employment and equality law. It aims to provide an updated overview of discrimination cases in the UK through presentations from experts in the field. The conference is hosted by

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Proving discrimination: The shifting burden of proof and access to evidence Anna Beale was invited to speak at the Academy of European Law in Trier, Germany, on the shifting burden of proof and access to evidence in European discrimination law. Her podcast examines the way in which EU law has sought to alleviate the difficulties faced by claimants in discrimination claims – see the link below: http://www.era-comm.eu/anti-discri/kiosk/e_presentations/Beale_115DV93/index.html

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Beckford: Clarity as to 10% uplift on general damages in the Tribunal? Olivia-Faith Dobbie  comments on why the Simmons v Castle saga continues in Beckford. Introduction In Simmons v Castle [2012] EWCA Civ 1039, the Court of Appeal (CA) declared that: “…with effect from 1 April 2013, the proper level of general damages in all civil claims for (i) pain and suffering, (ii) loss of amenity, (iii) physical inconvenience and discomfort, (iv) social discredit, or (v) mental distress, will be 10% higher than previously…” The primary motivation for this increase was the fact that from 1 April 2013, a claimant pursuing their claim under a CFA would no longer have the right to recover

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Indirect discrimination: when disparate impact is not enough When disparate impact is not enough: Anna Beale considers the recent judgment of the Court of Appeal in Naeem v Secretary of State for Justice: Those practitioners who have had no involvement in the mass equal pay litigation of the last 20 years may have remained blissfully unaware of the decisions of the Court of Appeal in Armstrong v Newcastle upon Tyne NHS Hospital Trust [2006] IRLR 124 and Gibson v Sheffield City Council [2010] ICR 708. Those decisions will now, however, assume more general prominence, as the analysis contained therein forms the cornerstone of Underhill LJ’s exposition of the law of

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Long-awaited clear reasoning on comparators Rachel Crasnow QC and Tamar Burton consider the Court of Appeal’s judgment in Griffiths v Secretary of State for Work and Pensions. The judgment of Elias LJ handed down on 10 December 2015 has confirmed that the duty to make reasonable adjustments may well be engaged in the application of attendance management policies to disabled employees. The Facts The Appellant had been employed since 1976 and in October 2009 she began to experience symptoms which were later diagnosed as post-viral fatigue and fibromyalgia. The question of disability was conceded by the Respondent. She received a written improvement warning under the Respondent’s Attendance

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Remedy in Tirkey v Chandhok By Tamar Burton The liability judgment in Tirkey v Chandhok caught the attention of many legal commentators after the Employment Tribunal awarded Mrs Tirkey £183,773.53 for her National Minimum Wages claim alone. [Click here for Cloisters' blog on liability judgment.]  On 4 December 2015 the Employment Tribunal handed down its remedy judgment concerning Mrs Tirkey’s claims for injury to feelings, personal injury and financial losses. Chris Milson represented Mrs Tirkey throughout her litigation in the Employment Tribunal and in the Employment Appeal Tribunal. [Click here for Cloisters' blog.] At the remedy hearing the Tribunal considered the appropriate approach to the calculation of future losses

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Cloisters wins ‘Barristers’ Chambers of the Year’ and ‘Case of the Year’ at Eclipse Proclaim Personal Injury Awards 2015 Cloisters is delighted to announce that it has won two awards at the Eclipse Proclaim Personal Injury Awards 2015:  ‘Barristers’ Chambers of the Year’ and ‘Case of the Year’. The case in question, JXMX (A Child) v Dartford and Gravesham NHS Trust [2013] EWHC 3956 (QB), fundamentally changes the approach to anonymity in approval hearings. Cloisters’ barrister William Latimer-Sayer persuaded the Personal Injury Bar Association to intervene in the appeal. He was assisted by the research of Sian McKinley.  The Personal Injury Bar Association’s submissions were ultimately accepted.  The Court of Appeal’s landmark decision led to a radical overhaul in the way that applications for anonymity are

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John Horan named in Power 100 list celebrating Britain’s most influential people with a disability Cloisters’ congratulates John Horan in featuring in Power 100 (for 2016) list of Britain’s most influential people with a disability. The list, which contains leading figures from across business, sport, the arts and a range of other professions, was announced today to mark UN International Day of Persons with Disabilities. For more information and to see the full list please visit http://www.shaw-trust.org.uk/media-centre/news/most-powerful-disabled-people-in-britain-named-in-list-celebrating-diversity/

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Dee Masters speaks at Legal-Island's 10th Equality Law Update in Northern Ireland Dee Masters today spoke at Legal-Island's 10th Equality Law Update at the Merchant Hotel, Belfast, Northern Ireland. The session covered Age Discrimination and Goods, Facilities and Services (GFS) and the wide ranging implications for businesses, services providers and consumers alike. A copy of the paper can be found by clicking here.

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Claire McCann Appointed as a Specialist Adviser to the House of Commons’ Women and Equalities Select Committee At the end of October 2015, Claire McCann was appointed as a Specialist Adviser to the House of Commons’ Women and Equalities Select Committee to advise in connection with its Transgender Enquiry.  The Committee has recently published her Legal Advice on three specific aspects relating to gender reassignment under the Equality Act 2010 which can be found here.

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Dee Masters to speak at Legal-Island's 10th Equality Law Update in Northern Ireland Dee Masters is to speak at Legal-Island's 10th Equality Law Update at the Merchant Hotel, Belfast, Northern Ireland on the 2 December 2015. Dee's session will cover Age Discrimination and Goods, Facilities and Services (GFS). Legal-Island's 10th Equality Law Update is an full-day event ( 09:20 - 16:30) that will bring together leading practitioners from Great Britain and Northern Ireland. It will provide an annual review of NI equality law in a year that has seen some important changes in this field.  The Office of the First Minister and deputy First Minister has issued a public consultation on its proposals to

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Daniel Dyal successfully defends teachers’ trade union before the ET in sex discrimination claim In Revely v NASUWT Daniel Dyal successfully defended the National Association of Schoolmasters and Union of Women Teachers (NASUWT) in sex discrimination proceedings before the employment tribunal in Exeter. The Claimant alleged that there was a discriminatory culture in the union led by one of its Assistant General Secretaries, to which the General Secretary turned a blind eye. The employment tribunal rejected all of the Claimant’s complaints and allegations. It found that key parts of her evidence had been disingenuous. It also found that the NASUWT, whose General Secretary is a woman, had a culture in which women could progress including to

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Chris Milsom acts for successful respondent in EAT case concerning when interpreters are required By Nathan Roberts In Hak v St Christopher’s Fellowship [2015] UKEAT/0446/14/DA the EAT has declined to give specific guidance as to when a court or tribunal should provide an interpreter, instead finding that the matter should be determined on a case by case basis. As a rule of thumb, however, tribunals should “ask whether the litigant’s command of language is sufficient to enable him to give the best account to the Tribunal which he would wish to give relating to the matters in dispute.” Chris Milsom acted for the successful Respondent before a three-member tribunal led by Langstaff P. Facts The

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Declan O’Dempsey to lead workshop at the European Equality Law Network Legal Seminar 2015 Declan O’Dempsey will lead a workshop at the European Equality Law Network Legal Seminar 2015 on 24 November 2015  at the Courtyard Marriott Hotel in Brussels.   He will present a study on the EU concept of disability & reasonable accommodations in the light of the UN Convention on the Rights of persons with disabilities. The session will explore the Convention, the EU Charter on Fundamental Rights, the Directive and areas where the national law of member states may fail to meet the standards required by the Framework Directive 2000/78.   Declan's workshop marks the final stages of preparation of the Thematic Report

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Ed Williams and Catriona Stirling represent successful appellants in the EAT in ground-breaking TUPE case Ed Williams and Catriona Stirling appeared for the successful appellants in the EAT in the ground-breaking TUPE case of Hyde Housing Association Ltd and Others v Layton, in which judgment has now been handed down. The ET had held that, in circumstances where A’s employment with B transferred to joint and several employment with B and other employers, there was a relevant transfer for the purposes of Regulation 3(1)(a) of TUPE. Upholding the employers’ appeal, the EAT held that, although Regulation 3(1)(a) did not preclude a relevant transfer to multiple transferees, where the original transferor remained liable for the Claimant’s employment, the

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Why the Government is failing disabled people on access to legal justice Cloisters’ barrister John Horan discusses why the Government and the courts need to properly apply the UN Convention on the Rights of Persons with Disabilities so that effective measures are put in place to facilitate correct access to justice for disabled people. Currently many disabled people feel that actual access to legal justice and equal recognition does not exist.   To read the full article first published in IDS Employment Law Brief, Westlaw UK, November 2015, click here.

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Goods, facilities and services: Age discrimination problems arise in unexpected places By Dee Masters and Siân McKinley Overview There has been a ban on age discrimination in goods, facilities and services in Great Britain since 1 October 2012 but very little litigation or publicity.  However, age discrimination problems can arise in some unexpected but common areas.  It seems likely that service providers have been lulled into a false sense of security by the lack of litigation.  A recent story in Ireland illustrates the dangers of such an approach. Review of the law The Equality Act 2010 covers the provision of goods, facilities and services, charities, education, health and social care and the

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Qualified but cannot work here? General Teaching Council for Scotland faces recruiting challenge By Declan O'Dempsey The BBC says former teachers with English teaching qualifications, living in the local military population could be recruited by Moray Council to alleviate staff shortages.  Currently they cannot work because they qualified outside Scotland. The General Teaching Council for Scotland (GTCS) is considering approval of Moray’s pilot scheme under which English qualified teachers could be provisionally registered during top-up training.  However can it continue to seek to justify forbidding provisional registration pending “top up” training generally?  All over Scotland there is a teacher shortage. Until now Scotland has claimed its education is so different that it cannot permit

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Quantum Update: A review of recent case law and hot topics William Latimer-Sayer presented a quantum update seminar at the APIL Damages Special Interest Group meeting at the Bloomsbury Hotel in London on 3 November 2015.  The lecture considered a number of significant quantum cases that have appeared in the courts during 2015 and the practical application of the same.  He spoke together with Anthony Carus, an actuary, who dealt with life expectancy and problems regarding data from the United States. You can read the full notes here.

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Reaney v North Staffordshire: Egg-shell skull rule does not apply where the shell is already broken By Catriona Stirling The Court of Appeal has handed down its judgment in the case of Reaney v University Hospital of North Staffordshire NHS Trust & Anr [2015] EWCA Civ 1119.   The key issue in this case was how causation and quantum should be determined where a pre-existing injury is worsened by a Defendant’s negligence. Background Mrs Reaney was admitted to the North Staffordshire Royal Infirmary in December 2008 with an illness that caused her to become permanently paralysed below the mid-thoracic level. It was common ground that this was not caused by negligence. She would have had some care

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Catherine Casserley to speak on Disability and the Equality Act 2010: Removing Barriers to Equality and Human Rights Implementation? Catherine Casserley will join an expert panel of speakers at this half-day free event on 4 December 2015 that will focus on what impact legal aid and other reforms are having on the enforcement of disability equality rights (now contained in the Equality Act 2010). This event, jointly hosted by the Centre for Disability Studies and the Centre for Law and Social Justice, University of Leeds in memory of Caroline Gooding (a key architect of our disability equality law) will provide a space for reflection about how disability equality law might be harnessed to contribute to driving the social change for

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Lisa Sullivan appointed Deputy Queen's Bench Master Cloisters is delighted that Lisa Sullivan has been appointed Deputy Queen’s Bench Master by the Lord Chief Justice. This is part-time role and Lisa remains in full-time practice at Chambers. The appointment will run on four year renewable terms. Lisa is a highly ranked barrister who specialises in personal injury and clinical negligence work. Her work includes high-value cerebral palsy and other brain injury claims, spinal injury with particular expertise in cauda equina, hip and knee replacement, delayed diagnosis of cancer, abdominal surgery claims and dental negligence. “She has an excellent grasp of the medical issues and is fantastic at working with

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Man wins damages for homophobic abuse by service provider based entirely on gestures Catherine Casserley, instructed by Unity Law, represented a gay man in what is believed to be the first case of its kind - a claim for direct discrimination and post relationship discrimination in services, based on gestures made by the defendant's staff member. The claimant attempted to return some locks to a shop following which he was subjected to what the court found were up to 20 incidents of direct discrimination, with the staff member blowing kisses at him and making other gestures. He was awarded £7,500 in damages.  For more information click here and here

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Database rights: ownership, breaches and remedies There is, at common law, no property in information (Oxford v Moss [1978] 68 Cr App Rep 183).  An employer may want to use database rights where traditional restrictive covenant approaches to protecting a business interest will not succeed.  In this article Declan O’Dempsey covers some of the ways in which an employer can use the Database Regulations. The remedy for an employer is either an injunction to restrain use of the employer’s property or damages. Databases are property but are not treated like tables and chairs. In the case of a table or a chair if I took it from you,

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Cloisters receives special mention at the Bar Pro Bono Awards 2015 Cloisters received a special mention for its long and extensive commitment to pro bono work at the Bar Pro Bono Awards at the Bar Conference on 17 October 2015. Lord Goldsmith, the Bar Pro Bono Unit President and Chair of the Award judging panel, said  'this is exemplified by their members' collectively taking on over 140 pro bono cases in the past year."  The commitment to pro bono work is core to the culture of Cloisters and we are proud to be a long-standing supporter of the BPBU.  The Bar Pro Bono Unit has seen a continuous rise in the number

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Robin Allen QC, Rachel Crasnow QC and Catherine Casserley to speak at the DLA Annual Conference Cloisters' Robin Allen QC, Rachel Crasnow QC and Catherine Casserley are speakers at the DLA Annual Conference 2015 "Equality Rights - Where next?" on Monday 26th October 2015. This is an The essential conference for anyone interested in equality law.  2015 is the 50th anniversary of the first Race Relations Act, the 40th anniversary of the Sex Discrimination Act and the 20th anniversary of the first Disability Discrimination Act as well as the 20th anniversary of the Discrimination Law Association. Rachel and Catherine will be speaking in the first breakout session in the afternoon. Catherine will cover: Developments in disability discrimination law

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What does 'qualifying disclosure' mean in the context of whistleblowing legislation? In this month’s ELA briefing, Sheryn Omeri (together with James Laddie QC of Matrix) considers the meaning of “qualifying disclosure” in the context of whistleblowing legislation. Section 43B of the Employment Rights Act defines a qualifying disclosure as a disclosure of information which, in the reasonable belief of the worker making the disclosure, is in the public interest and tends to show at least one of six possible types of wrong. The case of Cavendish Munro Professional Risks Management Ltd v Geduld [2010] ICR 325 was the first reported case to consider the meaning of “disclosure of information” in s.43B. In

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Robin Allen QC and Rachel Crasnow QC to speak at the Annual Discrimination Law Conference 2016 Cloisters' Head of Chambers Robin Allen QC and Rachel Crasnow QC will be covering key issues in discrimination law at the TUC headquarters in London on Friday 22 January 2016 at Congress House, Great Russell Street, London WC1B 3LS. The conference, devised by Michael Rubenstein, is open to discrimination lawyers, Government officials, equality and diversity specialists and others interested in attending the most authoritative review available of recent discrimination legislation and case law. Robin will be looking at where the law now stands as regards discrimination because of religion or belief and sexual orientation.  Rachel will be reviewing new legislation and the latest decisions on parental rights. 

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Daphne Romney QC to talk on recent surprising developments in discrimination law at ILS event Daphne Romney QC will be giving a talk on the latest surprising developments in discrimination law at the ILS meeting in Edinburgh on 22 October 2015. Her course will consider whether the Court of Appeal will reverse the unwelcome re-appearance of Malcolm into disability discrimination in Griffiths v SSWP. Why is abstaining from fizzy drinks not following a required diet? And why doesn't a discriminatory briefing taint a dismissal?  This meeting will be held at The Carlton Hotel, North Bridge, Edinburgh, EH1 1SD at 6pm and will finish at about 7.30pm when refreshments will be served. This meeting is free of

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Declan O'Dempsey to chair panel of experts at Annual Human Rights Conference Declan O’Dempsey is chairing a panel of equality experts at the 17th Annual Human Rights Law Conference (2015) at Church House London.  The 17th annual conference will examine a broad range of topical human rights issues, and key legal experts will interpret and discuss recent case law and legislative developments. Declan will be delivering a presentation on the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol where adopted by the United Nations General Assembly on 13 December 2006. Twenty-six Contracting States have ratified both the Convention and the Optional Protocol. A further seven Contracting States

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