The Latest from Cloisters

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Assisted suicide, Conway and the Human Rights Act

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Catriona Stirling considers the Court of Appeal’s judgment yesterday in R (Conway) v Secretary of State of Justice. Cloisters’ Catherine Casserley was intervening on behalf of Not Dead Yet UK. The Court of Appeal yesterday handed down its judgment in the case of R(Conway) v Secretary of State for Justice , the latest in a long line of challenges br...
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Schona Jolly QC to chair the HRLA Annual General Meeting and Lecture

Tuesday 23 January 2018, 5:30 - 8pm The Human Rights Law Association Annual Lecture is open to everyone. The chair of the Equality and Human Rights Commission, David Isaac, will talk about the state of human rights in modern Britain. Leading the conversation will be Cloister's Schona Jolly QC .  To register for this event please contact&n...
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Schona Jolly QC on plugging the post-Brexit human rights gap

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Human rights and equalities lawyer Schona Jolly QC  warns that the government’s refusal to incorporate the EU Charter of Rights into UK law will weaken human rights protections.  In an article published in the Guardian yesterday, Schona explains that the government's analysis “fails to tackle the legal reality that abandoning the cha...
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Schona Jolly QC on BBC World News: Why the world must act now to protect the Rohingya

Schona Jolly QC  appeared on BBC World News today to discuss human rights concerns of the Rohingya refugee crisis in Myanmar.  Schona explained that the urgent priority is to ensure that there is no continued impunity, that access is needed to Rakhine state in order to collect and preserve evidence and that the international community mus...
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Most of the Brexit rebels are lawyers. Maybe experts are useful after all.

Human rights and equalities barrister Schona Jolly QC has written an opinion piece in The Guardian about the profound flaws with the EU Withdrawal Bill and why lawyers, in particular, are worried.  "Without the intervention of 11 highly qualified Tory MPs, the government would have almost unchecked power over Brexit. Experts, it turn...
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Time Limits under the Human Rights Act 1998: what is a “course of conduct”?

Anna Beale discusses the Supreme Court’s interpretation of the time limit provisions contained in the Human Rights Act 1998 in O’Connor v Bar Standards Board [2017] UKSC 78 The Statutory Provisions As will be known to most readers, the Human Rights Act 1998 (‘HRA 1998’) provides, in section 7(5)(a), that any proceedings brought against a public aut...
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Schona Jolly to speak at the annual Sakharov Debate in December

Schona Jolly to speak at the annual Sakharov Debate in December
Cloisters’ Schona Jolly is speaking at the annual Sakharov Debate, sponsored and organised by the UCL European Institute, and the Office of the European Parliament in the UK. Schona will be discussing the effect of Brexit on workers’ rights and equality as part of a panel considering how any post-Brexit rights will be enforced, and what the UK huma...
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Disability and homelessness: bringing home human rights

Disability and homelessness: bringing home human rights
Sally Robertson considers the decision of R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), 27 July 2016 in this blog. The Human Rights Act 1998 incorporated the European Convention on Human Rights (ECHR) into UK law from 2000. Sixteen years later the ECHR is under attack. Why? At first blush the reason is difficult to understand. After a...
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Schona Jolly attends All-Party Parliamentary Group: “How Can Brexit Be Done under the Rule of Law?”

Schona Jolly attends All-Party Parliamentary Group: “How Can Brexit Be Done under the Rule of Law?”
On 24 October 2016, Rt Hon Dominic Grieve QC MP is hosting an All-Party Parliamentary Group on the Rule of Law considering “How Can Brexit Be Done under the Rule of Law?”

Cloisters barristers provide evidence on children's rights

Cloisters barristers provide evidence on children's rights
Robin Allen QC and Dee Masters provided written evidence to the Parliamentary Joint Committee on Human Rights concerning the rights of children. They argued that in order to comply with international law, the remit of the Equality Act 2010 should be broadened to protect children and young people from age discrimination in the fields of goods, facil...
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Prevent Duty Part 3: British Values, Human Rights and handling “due regard” duty in practice

Prevent Duty Part 3: British Values, Human Rights and handling “due regard” duty in practice
In this third article Declan O'Dempsey looks at the concept of “British Values” in the context of the Prevent Duty.  It appears in the definition of “extremism” in the Guidance.  British values are mentioned in the Guidance.  However only examples are given of what constitute British values. In a post Brexit discussion these values h...
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Part 1: the Prevent Duty for Universities

Part 1:  the Prevent Duty for Universities
By Declan O’Dempsey [1] “Broad terms such as “extremist” or “radical” are not capable of being defined with sufficient precision to enable universities to know with sufficient certainty whether they risk being found to be in breach of the new duty and therefore subject to direction by the Secretary of State and, ultimately, a mandatory court order ...
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Schona Jolly to speak at BIICL 'Human Rights in the Middle East and North Africa Region' event

Schona Jolly to speak at BIICL 'Human Rights in the Middle East and North Africa Region' event
Cloisters' Schona Jolly , Vice Chair Bar Human Rights Committee, will speak at the British Institute of International and Comparative Law (BIICL) event entitled: Human Rights in the Middle East and North Africa Region on Wednesday 13 July 2016 at Charles Clore House, 17 Russell Square, London. Time:17.30 - 19.00. This event will...
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Sheryn Omeri considers first ever guilty plea at the International Criminal Court

Sheryn Omeri considers first ever guilty plea at the International Criminal Court
In this month’s issue of Counsel magazine, Cloisters’ Sheryn Omeri writes about the first ever guilty plea to be offered up by a Defendant to proceedings before the International Criminal Court (ICC) in the case of Prosecutor v Al Faqi Al Mahdi, one of the cases on which Sheryn worked while based in the Office of the Prosecutor of the ICC. Sheryn c...
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The EU Charter of Fundamental Rights Back in the Spotlight

The EU Charter of Fundamental Rights Back in the Spotlight
The EU Charter of Fundamental Rights Back in the Spotlight By Schona Jolly The EU Charter of Fundamental Rights, yet again, finds itself amidst controversy in Britain as it gets tossed into the domestic Leave/Remain referendum debate. Does it impinge upon national sovereignty? Did Britain really sign up to this extension of rights? Does the Charter...
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Human Fertilisation and Embryology Act Incompatible with Convention Rights

Human Fertilisation and Embryology Act Incompatible with Convention Rights
Catriona Stirling considers the case of Z (a child) (No.2) [2016] EWHC 1191 (Fam) , in which Sir James Munby, President of the Family Division, has made a declaration under s.4 of the Human Rights Act 1998 (HRA) that s. 54(1) of the Human Fertilisation and Embryology Act 2008 (HFEA) is incompatible with Article 8 together with Article 14 of the Eur...
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Cloisters, proud sponsors of the Bob Hepple Equality Award 2016

Cloisters, proud sponsors of the Bob Hepple Equality Award 2016
Cloisters are proud to sponsor the Bob Hepple Equality Award 2016 on 30 June 2016. The event, organised by the Equal Rights Trust and the Industrial Law Society, will take place at Dechert LLP, Queen Victoria Street, London. The Award, established in the name of the late Professor Sir Bob Hepple QC champion of equality and non-discrimination, conti...
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Sheryn Omeri on the destruction of cultural property and the first International Criminal Court prosecution

Sheryn Omeri on the destruction of cultural property and the first International Criminal Court prosecution
After spending three months at the International Criminal Court in The Hague in 2015, Sheryn Omeri has written of the progress of one of the cases on which she worked in an article published in the January 2016 issue of Counsel . The case of Prosecutor v Al Faqi will be the ICC’s first prosecution for destruction of cultural property, defined as a ...
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Access to Justice: the EAT considers how courts can provide reasonable adjustments for disabled people

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 di...
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Bar on Straight Civil Partnerships is Lawful

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. Bu...
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Schona Jolly appointed Joint Vice-Chair of the Bar Human Rights Committee

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 intern...
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Spying on Employees: Has the European Court of Human Rights really given carte blanche to employers?

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 give...
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Declan O'Dempsey to chair panel of experts at Annual Human Rights Conference

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 17 th 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...
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Declan O'Dempsey to speak at ERA Seminar - Applying EU Anti-Discrimination Law.

Declan O'Dempsey to speak at ERA Seminar - Applying EU Anti-Discrimination Law.
Declan O’Dempsey is to speak at the Ecole Nationale de la Magistrature, Paris, at a conference on Applying EU Anti-Discrimination Law – a Seminar for members of the Judiciary on 19-21 October 2015, organised by ERA on behalf of the EU Commission with the support of the French National School for the Judiciary.  Declan will deliver a talk to a ...
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Cloisters' barristers join 343 lawyers in criticising UK’s “deeply inadequate” response to refugee crisis

Cloisters' barristers join 343 lawyers in criticising UK’s “deeply inadequate” response to refugee crisis
Cloisters’ barristers, Sir Stephen Sedley , Robin Allen QC , Patricia Hitchcock QC , Caspar Glyn QC  and Schona Jolly  are among 343 lawyers who have signed a statement attacking the government for its "deeply inadequate" response to the Syrian refugee crisis. The signatories include the most senior ranks of the retired judiciary. Sir Ste...
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High Court rules that doctors can withdraw life-sustaining treatment from 11-year-old boy

High Court rules that doctors can withdraw life-sustaining treatment from 11-year-old boy
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 j...
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Ahmad Al Faqi in International custody at the Hague

Ahmad Al Faqi in International custody at the Hague
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....
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How far can charities engage in political campaigning?

How far can charities engage in political campaigning?
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 Commissi...
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Is the Government’s recent Trade Union bill compliant with the European Convention on Human Rights?

Is the Government’s recent Trade Union bill compliant with the European Convention on Human Rights?
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 ...
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Schona Jolly to speak at the JUSTICE Human Rights Law Conference 2015

Schona Jolly to speak at the JUSTICE Human Rights Law Conference 2015
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...
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I’ll smoke if I want to. Unless I’m in hospital

I’ll smoke if I want to. Unless I’m in hospital
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 ...
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Catherine Casserley appointed specialist adviser to the House of Lords’ Equality Act 2010 and Disability Select Committee

Catherine Casserley appointed specialist adviser to the House of Lords’  Equality Act 2010 and Disability Select Committee
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 2...
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Supreme Court grants wheelchair user Paulley permission to appeal in landmark case

Supreme Court grants wheelchair user Paulley permission to appeal in landmark case
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 ...
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US Supreme Court legalises same-sex marriage and other developments

US Supreme Court legalises same-sex marriage and other developments
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, wit...
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After the Arab Spring: Human Rights and the Rule of Law in the Middle East

After the Arab Spring: Human Rights and the Rule of Law in the Middle East
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 sit...
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Robin Allen QC to chair session at the 10th World Elder Abuse Awareness Day in Brussels

Robin Allen QC to chair session at the 10th World Elder Abuse Awareness Day in Brussels
Cloisters' Head of Chambers, Robin Allen QC , is invited to chair a session at the Joint Council of Europe- European Commission - Age Platform Europe - ENNHRI's high level conference to mark the 10th World Elder Abuse Awareness Day. The conference titled ' Tackling elder abuse in Europe: a renewed commitment or a missed opportunity?' will take plac...
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International Criminal Court deals with its first Prosecution for offences against the administration of justice

By Sheryn Omeri On 24 May 2008, Jean-Pierre Bemba Gombo was arrested for having allegedly committed, jointly with and/or through other persons, the crimes of rape as a crime against humanity and as a war crime, torture as both a crime against humanity and as a war crime, murder as both a crime against humanity and a war crime and pillaging as a war...
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Schona Jolly tells The Times why pressure must be put on the government to reveal new bill of rights.

Schona Jolly tells The Times why pressure must be put on the government to reveal new bill of rights.
In an interview with The Times today, barrister and Head of Cloisters'  Civil Liberties and Human Rights Group , Schona Jolly joined other leading legal figures to call upon David Cameron for clarity on plans to scrap the Human Rights Act and replace it with a new bill of rights. The prime minister has so far given little indication as to what...
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Schona Jolly shortlisted for 'Barrister of the Year' at the Lawyer Award 2015

Schona Jolly shortlisted for  'Barrister of the Year' at the Lawyer Award 2015
Chambers is delighted to congratulate Schona Jolly on being shortlisted for 'Barrister of the Year' at The Lawyers Award 2015. Schona is head of Cloisters' Civil Liberties and Human Rights Group and on the Bar's Human Rights Committee. The shortlist for The Lawyer Awards 2015 was announced today. The winner will be announced at an awards ceremony o...
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Modern Slavery Act 2015—the first steps in the right direction

Modern Slavery Act 2015—the first steps in the right direction
The Modern Slavery Act 2015 (MSA 2015) was one of the last bills to receive Royal Assent before Parliament was dissolved for the election. Schona Jolly , head of Cloisters' Human Rights Group, considers the new law and its shortfalls in this article published in Halsbury Law Exchange.

Neither a gallop nor a Sunday evening stroll

Neither a gallop nor a Sunday evening stroll
An update on the conjoined trials of Laurent Gbagbo and Charles Blé Goudé By Sheryn Omeri The prosecutions of former President of the Ivory Coast, Laurent Gbagbo, and his Sports Minister, Charles Blé Goudé, came before the Trial Chamber of the International Criminal Court (‘ICC’) on 21 April 2015 for the first time since June and October 2014 respe...
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Has the EU caught human rights cold or flu? CJEU rejects as incompatible with EU law the Accession agreement to the ECHR

Has the EU caught human rights cold or flu? CJEU rejects as incompatible with EU law the Accession agreement to the ECHR

Court of Justice of the European Union: Opinion 2/13

 By Declan O' Dempsey

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Stott v Thomas Cook - The Supreme Court criticises Thomas Cook for breach of human rights and calls for an amendment of the Montreal Convention

Stott v Thomas Cook - The Supreme Court criticises Thomas Cook for breach of human rights and calls for an amendment of the Montreal Convention
There is no protection from discrimination for disabled air passengers, the Supreme Court rules. Christopher Stott, who is severely disabled and a permanent wheelchair user, had a seat booked next to his wife, who is his carer, on both outgoing and return flights between East Midlands Airport and Zante. On the flight back, despite confirming the ar...
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