The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Claire McCann to co-lead “LGB….But What About the T?” workshop on 24 May

Claire McCann to co-lead “LGB….But What About the T?” workshop on 24 May
Claire McCann , one of the barristers in Cloisters’ award-winning Employment and Equality Team, will be co-leading a workshop next week at the Employment Lawyers Association Annual Conference in central London (24 th May 2017), entitled “LGB….But What About the T? A Conversation about Trans Equality, its Legal Context and Practical Implications”. I...
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Rachel Crasnow QC & Daphne Romney to speak at the first ELBA event on Well-Being At the Bar

Rachel Crasnow QC & Daphne Romney to speak at the first ELBA event on Well-Being At the Bar
On 17 May Rachel Crasnow QC and Daphne Romney QC are to speak at the first ELBA event on Well-Being At the Bar. Entitled “ "Keeping each other sane: tips for leading a happy legal lif e ”, the seminar builds on the work the Bar Council has developed - see http://www.barcouncil.org.uk/supporting-the-bar/wellbeing-at-the-bar

Rachel Crasnow QC & Sarah Fraser Butlin spoke about diversity on campus at the UHR Annual Conference

Rachel Crasnow QC & Sarah Fraser Butlin spoke about diversity on campus at the UHR Annual Conference
Rachel Crasnow QC and Sarah Fraser Butlin spoke to the UK’s leading University HR directors at the UHR Annual Conference in Newcastle on 10 March about diversity on campus, focusing on the lawfulness of topics such as no-platforming and safe spaces as well as the importance of addressing ongoing problems of harassment and equal pay.

Sally Robertson to deliver sex discrimination workshop at ERA’s EU Gender Equality Law seminar

Sally Robertson to deliver sex discrimination workshop at ERA’s EU Gender Equality Law seminar
Between 4-5 May, Sally Robertson becomes the latest of Cloisters' barristers to take part in the Academy of European Law’s (ERA) programme of conferences and training events. Now in its 25 th Jubilee year, more than 125,000 European jurists have participated at ERA events. Cloisters barristers, including Paul Epstein QC , Rachel Crasnow QC , Cather...
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Declan O’Dempsey to provide training to the Equality and Human Rights Commission

Declan O’Dempsey to provide training to the Equality and Human Rights Commission
Cloisters is proud to announce that Declan O’Dempsey of Cloisters has been awarded the contract to provide training to the Equality and Human Rights Commission on the use of international treaties in UK law. Catherine Casserley together with Declan will provide the training materials for the course on the 23 rd March this year. The training aims to...
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Catherine Casserley to speak on 'Using the Equality Act 2010 to improve access to public transport'

Catherine Casserley to speak on 'Using the Equality Act 2010 to improve access to public transport'
On the 23 rd February Catherine Casserley will present on the topic of using the Equality Act 2010 to improve access to public transport. She will be joined by Joanna Owen and Mark Stone from Equality and Human Rights Commissions and Transport for All. Catherine Casserley represented Doug Paulley in this case at the Supreme Court. Date: 23 February...
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William Latimer-Sayer QC speaks on life expectancy at the annual PIBA Conference 2016

William Latimer-Sayer QC speaks on life expectancy at the annual PIBA Conference 2016
William Latimer-Sayer QC spoke on the topic of ‘life expectancy’ at this year’s PIBA annual conference held at St Catherine’s College, Oxford, on 8-10 April 2016. William, a Catastrophic Personal Injury and Clinical Negligence specialist, is a highly ranked barrister with a special interest in quantum. To read William’s paper on Life Expectancy ple...
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Robin Allen QC and Prof. Muriel Robison to speak on key Discrimination Law updates at the Forum for Research into Equality and Diversity seminar

Robin Allen QC and Prof. Muriel Robison to speak on key Discrimination Law updates at the Forum for Research into Equality and Diversity seminar
Robin Allen QC and Professor Muriel Robison will provide key Discrimination Law updates for lawyers and HR practitioners at a seminar hosted by the Forum for Research into Equality and Diversity (FRED) in collaboration with the University of Northampton on April 11 2016 at Aston University, Birmingham from 6pm – 8pm. The two-hour course will cover ...
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Jason Galbraith-Marten QC to speak at the EU Gender Equality Law seminar 23 February 2015

Jason Galbraith-Marten QC to speak at the EU Gender Equality Law seminar 23 February 2015

Cloisters barrister Jason Galbraith-Marten QC joins the panel of eminent speakers at the seminar commissioned by the European Union’s Programme for Employment and Social Solidarity – Progress (2007-2013) in Germany on 23 February 2015 at the ERA Conference Centre, Metzer Allee 4, Trier.

The seminar will provide participants with an overview of the EU gender equality legislation as interpreted by the Court of Justice of the EU in its large case on this topic.

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Declan O'Dempsey speaks at European Commission's seminar 'Enforcement of equality and anti-discrimination law' on 28 November 2014

Cloisters' barrister, Declan O'Dempsey , is speaking at the Legal Seminar 'Enforcement of equality and anti-discrimination law' on  28 November 2014 at Courtyard Marriott Hotel Avenue des Olympiades 6, Brussels. Declan's workshop session covers The Burden of Proof The shift of the burden of proof is an essential procedural issue for equality a...
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William Latimer-Sayer presenting talk to the College of Occupational Therapists annual medico-legal conference on 20th October 2014

William Latimer-Sayer is presenting a talk to the College of Occupational Therapists annual medico-legal conference on Monday 20th October 2014. For full details please click here A copy of the handout can be downloaded from the following link  Gratuitous-care-handout-20th-Oct-2014.pdf

Cloisters Annual Autumn Seminar Series

Cloisters Annual Autumn Seminar Series

Cloisters is once again holding its Autumn Personal Injury and Clinical Negligence Seminars on 18 September 2014 and 2 October 2014. There will be two specialist seminars from our leading Personal Injury and Clinical Negligence experts. 

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Annual seminars on employment and discrimination law

Annual seminars on employment and discrimination law
Cloisters employment and discrimination experts recently gave seminars on Direct Discrimination: A practical guide to discrimination and The Right to Strike Reborn . Barristers Paul Epstein QC and Dee Masters discussed one of the most difficult aspects of a direct discrimination claim - the identification of a comparator. Seminar notes for this cha...
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Andrew Buchan on experts

Andrew Buchan on experts
Jacqueline Webb Annual Conference “ Liability Reports” by Andrew Buchan, aka Professor Anthony Palmer Notes from Andrew Buchan's talk from the Jacqueline Webb Annual Conference 'The expert is the backbone of the medical negligence action'.  Download the full article here:  andrew-buchan-experts.pdf

Daphne Romney QC's update on religious discrimination

Daphne Romney QC's update on religious discrimination
Discrimination on the grounds of religion or belief Daphne Romney QC Cloisters The European Background 1. The European Union Council Directive 2000/78EC established a general framework for equal treatment in employment and occupation. Paragraphs 1 and 4 of the recital to that Directive cite the fundamental rights guaranteed by the European Conventi...
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Sally Robertson's update on race discrimination law

Sally Robertson's update on race discrimination law
Central Law Training, Race Discrimination Notes prepared by Sally Robertson , Cloisters Introduction – statistics 1. The Tribunals Service statistics shows that in 2009-2010, some 5,700 race discrimination claims were received (about 8% of all single claims). It processed 4,500 cases of which 38% achieved ACAS conciliated settlements, 30% were...
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Introduction to the Public Sector Equality Duty

Introduction to the Public Sector Equality Duty
Catherine Casserley's update on the public sector equality duty Click  here  to view Catherine Casserley's podcast.

Human rights issues for employment lawyers

Human rights issues for employment lawyers
Rachel Crasnow  gives a webinar on human rights issues for employment lawyers. The webinar explores the current legal issues in employment law and human rights practice, where the courts are heading as regards workplace policy and how to spot these important issues when advising clients. Click here to see more .

Human Rights Litigation in the UK and Australia

Human Rights Litigation in the UK and Australia
Stephen Sedley: Julian is an Australian silk of very great distinction with a very interesting variety of experience which as you will see in a moment rather mirrors the kind of interests that we at Cloisters have always had. Cloisters goes back a long way. When I came to the Bar, its founder, D N Pritt, a commercial silk and MP was still alive and...
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When does neglect become abuse? (Presentation and plenary discussion first delivered at the Criminal Injuries Compensation Tribunal’s annual training conference in October)

When does neglect become abuse? (Presentation and plenary discussion first delivered at the Criminal Injuries Compensation Tribunal’s annual training conference in October)
By Martin Seaward 1) Intro: a) Q: When does neglect become abuse? i) E.g. the mother who abandons her children for a week in Benidorm, leaving them with a fridge full of food and the TV controls (when harm ensues)? ii) E.g. Not taking sick child to the doctor (when condition avoidably deteriorates)? iii) E.g. starving a child? Or leaving them out i...
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Proving and disproving discrimination

Proving and disproving discrimination
Ed Williams and Tom Coghlin Introduction 1. This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:  a. How judges apply the burden of proof s136(2)(3) EA 2010 b. What is the role of Comparators in light of the Supreme Court...
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Drawing the Fault Line: Multiple Tortfeasors and Intervening Acts

Drawing the Fault Line: Multiple  Tortfeasors and Intervening Acts
Patricia Hitchcock QC and Catriona Stirling, Cloisters Introduction One woe doth tread upon another’s heel, So fast they follow 1. It is not uncommon for a potential personal injury or clinical negligence claimant to have been subjected to a series of events that may all be linked to causation of his injury – we’ve all met the unfortunate clie...
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E-Disclosure – Taking Your Head Out of the Sand

E-Disclosure – Taking Your Head Out of the Sand
Paul Epstein QC, Cloisters What's E-Disclosure? E-disclosure is the disclosure of any electronic document. Documents stored electronically are often referred to as electronically stored information or ESI. An electronic document means any document held in electronic form. It includes obvious documents such as email, text messages, word processed do...
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E-Disclosure – Taking Your Head Out of the Sand

E-Disclosure – Taking Your Head Out of the Sand
Paul Epstein QC, Cloisters What's E-Disclosure? E-disclosure is the disclosure of any electronic document. Documents stored electronically are often referred to as electronically stored information or ESI. An electronic document means any document held in electronic form. It includes obvious documents such as email, text messages, word processed do...
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All in good faith? Sally Robertson on whistleblowing

All in good faith? Sally Robertson on whistleblowing
The Public Interest Disclosure Act 1998 came into life as a Private Members Bill put forward by a Conservative MP with the backing of the then Labour Government and assistance in drafting from Public Concern at Work (PCaW). It came into force on 2nd July 1999, inserting sections 43A to 43L (all in Part IVA), s.47B, s48(1A), s49(6) and sl03A in...
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Change and the Localism Agenda

Change and the Localism Agenda
Managing Major Change: Employment and Corporate Governance Robin Allen QC Introduction 1. National governments impose obligations on local government. Electors have needs and preferences to be met. Politicians have aspirations to achieve. None of this will happen without the worker – bees of local government - from chief executive to road swee...
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Annual seminars on personal injury and clinical negligence

Annual seminars on personal injury and clinical negligence
Cloisters' barristers Sally Cowen and Linda Jacobs recently gave a seminar on Current issues in PI and Clinical Negligence. Sally Cowen's notes which focus on the personal injury element of this talk can be found here: current-trends-in-personal-injury.pdf   The presentation which accompanied the talk can be found here:  sally-cowen-and-l...
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What management should know about litigation in the employment tribunals

What management should know about litigation in the employment tribunals
By Dee Masters 1. The Employment Tribunal system is intended to provide a readily accessible and informal forum for resolving disputes which is appropriate for lay representatives. The reality is very different and employment litigation contains plenty of traps for the unwary. This paper focuses on fours areas which are likely to cause concern for ...
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Robin Allen QC lecture on the Default Retirement Age

Robin Allen QC lecture on the Default Retirement Age
DRA Abolition - What lies ahead? Robin Allen QC Introduction 1. Under the Age Regulations 2006, provided they followed a simple procedure, employers were able to retire employees at 65 and above, without fearing that they would be made subject to proceedings for age discrimination or unfair dismissal. As a result 65 became known as the Default...
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Collective consultation - an update by Claire McCann

Collective consultation - an update by Claire McCann
1. 2010 proved to be an interesting year for employment lawyers advising on the application of the collective redundancy procedures under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). The EAT, the Court of Appeal and, indeed, the ECJ have all considered issues arising in connection with collective consultation, both dome...
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The price of equality? Gender and the assessment of risk

The price of equality?  Gender and the assessment of risk
The financial sector will no longer be allowed to use gender as a determining factor in the assessment of risk and therefore the price of premiums and benefits from Friday 21 December 2012. This change in the law will be implemented by a statutory instrument which will delete paragraph 22 of Schedule 3 to the Equality Act 2010 which ...
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Martyn McLeish quantum masterclass handout

Martyn McLeish quantum masterclass handout
The Danger of Compromise: The Round Table Meeting when the Claimant wants to settle The Claimant’s Dilemma In 1950 a US mathematician called A. W. Tucker invented “a two person, non co-operative, no-zero-sum game” he called “The Prisoner’s Dilemma”. The problem continues to exert considerable influence and provides a useful analytical tool for soci...
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Paul Epstein QC tips on tribunal advocacy

Paul Epstein QC tips on tribunal advocacy
ELBA Advocacy Training Practical Hints on Tribunal Advocacy By Paul Epstein QC Be Prepared 1. Have a system for reading the case before the hearing. Read the pleadings first, then witness statements, then documents, and finally any cases and the law. 2. For your own benefit, prepare a list of the issues. Often you can take the main issues from...
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Paul Epstein QC seminar on the NHS framework document Maintaining High Professional Standards

Paul Epstein QC seminar on the NHS framework document Maintaining High Professional Standards
Maintaining High Professional Standards In The Mordern NHS Paul Epstein Q.C. Cloisters Maintaining High Professional Standards (“MHPS”) 1. As is well-known, in December 2003 the Department of Health issued its framework document, MHPS, for the handling of concerns about doctors and dentists employed in the NHS in England, in two parts, Part I ...
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Paul Epstein QC seminar on privilege and 'without prejudice'

Paul Epstein QC seminar on privilege and 'without prejudice'
Privilege and Prejudice Paul Epstein Q.C. Cloisters Introduction 1. Issues of privilege, and Without Prejudice communications, occur surprisingly often in practice. Legal privilege is concerned with legal advice privilege (essentially communications between clients and lawyers irrespective of whether there is any or actual contemplated litigation) ...
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Robin Allen QC seminar on the evolution of ECJ age discrimination case law

Robin Allen QC seminar on the evolution of ECJ age discrimination case law
Evolution of ECJ Case Law on Age Discrimination By Robin Allen QC Introduction 1. It is a great pleasure to be invited to speak at this conference on recent developments in EU Anti – discrimination law and to focus on the evolution of ECJ case law on age. 2. The main focus of my paper will be on the position after the implementation of the Council ...
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Rachel Crasnow's update on disability discrimination

Rachel Crasnow's update on disability discrimination
Disability Discrimination update Rachel Crasnow Cloisters Definition of disability: 1. Disability is defined in s. 6(1) of the EQA. A person (P) has a disability if a. P has a mental or physical impairment and b. The impairment has a substantial and long-term adverse effect upon P’s ability to carry out normal day-to-day activities. Substantial imp...
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Rachel Crasnow's update on disability discrimination

Rachel Crasnow's update on disability discrimination
Disability Discrimination update Rachel Crasnow Cloisters Definition of disability: 1. Disability is defined in s. 6(1) of the EQA. A person (P) has a disability if a. P has a mental or physical impairment and b. The impairment has a substantial and long-term adverse effect upon P’s ability to carry out normal day-to-day activities. Substantial imp...
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David Massarella's update on pregnancy and sex discrimination

David Massarella's update on pregnancy and sex discrimination
Introduction 1.1 Most of the significant cases in this area over the last year have concerned  pregnancy discrimination. A wide range of questions have been considered, including the employer’s obligation to conduct risk assessments of pregnant  employees, the handling of redundancies during the protected period, as well as the relat...
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Robin Allen QC Seminar to the TUC

Robin Allen QC Seminar to the TUC
Age Discrimination By Robin Allen QC The fulll copy of Robin Allen QC 's seminar to the TUC on developments in age discrimination law can be found here:   robin-allen-discrimination-law-in-2011-age-1.pdf  

PI & CN seminar 'litigating and settling heavy cases'

PI & CN seminar 'litigating and settling heavy cases'
Cloisters' personal injury and clinical negligence experts have given a seminar on  Adding Value  : Litigating and settling heavy cases.   The seminar gave practical pointers for maximising claims by grievously-injured clients, including setting up a care regime; adducing the right care evidence; proving hypothetical career...
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PI & CN seminar 'litigating and settling heavy cases'

PI & CN seminar 'litigating and settling heavy cases'
Cloisters' personal injury and clinical negligence experts have given a seminar on  Adding Value  : Litigating and settling heavy cases.   The seminar gave practical pointers for maximising claims by grievously-injured clients, including setting up a care regime; adducing the right care evidence; proving hypothetical career...
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Navigating the new discrimination framework: a guide to key changes under the Equality Act 2010

Navigating the new discrimination framework: a guide to key changes under the Equality Act 2010
This week Cloisters' equality and discrimination experts gave a seminar to over 100 delegates on the Equality Act 2010. Topics covered included associative discrimination, harassment, equal pay, discrimination against transgender people, age, victimisation and direct discrimination. The full slide presentation can be viewed here:  equality-act...
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