The Latest from Cloisters

News, Publications, Policies, Events and Blogs

The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza

The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza
By  Daphne Romney QC When the Court of Appeal heard this claim, Gloster LJ began her judgment with what Lord Toulson in the Supreme Court called a “ cri de coeur ”. “As any hapless law student attempting to grapple with the concept of illegality knows, it is almost impossible to ascertain or articulate principled rules from the authorities rel...
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Investor-State Arbitrations

Investor-State Arbitrations
Cloisters’ Sheryn Omeri will introduce the guest chair and guest speaker, O. Thomas Johnson, Judge of the Iran-United States Claims Tribunal, at a lecture to be given to members of the Commercial Bar Association on Thursday, 9 June 2016. The guest chair will be Lord Walker of Gestingthorpe, former Justice of the Supreme Court, non-permanent Judge o...
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Database rights: ownership, breaches and remedies

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 Databas...
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Proportionality and Data Protection

Proportionality and Data Protection
Declan O'Dempsey and Catherine Richmond assess the amount of effort required to respond to a data subject access request: the Information Commissioner goes one way but the courts go another. The Information Commissioner’s Office has never liked the suggestion of the High Court in Ezsias v Welsh Ministers [2007] EWHC B15 (QB) (23 November 2007)...
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Rachel Barrett returns to Cloisters Chambers

Rachel Barrett returns to Cloisters Chambers
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 [2014] UKSC 68 (co...
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Jonathan Mitchell QC joins Cloisters as associate member

Jonathan Mitchell QC joins Cloisters as associate member
We are delighted to announce that Jonathan Mitchell QC has joined Cloisters as an associate tenant.  Jonathan, a member of the Scottish Bar, brings with him his great skill and experience in commercial law ,  discrimination and equality , employment , sports and entertainment , human rights , regulatory and public law . He is renowned for...
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Debunking banking

Debunking banking
Do you know what 'derivatives' means? ...or  'FOREX'...or 'futures'...or  'positions'?  No? Then you are not alone and all will be explained at an informal briefing in the famous Dispensary on the 19th March between 2.30pm - 4.30pm at Leman Street London E1 when Cloisters employment barrister,   Jason Galbraith-Marten QC , ...
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Paul Epstein QC and Caspar Glyn QC speak at the SJ Live Legal Event

Paul Epstein QC and Caspar Glyn QC speak at the SJ Live Legal Event
Cloisters' silks, Paul Epstein QC and Caspar Glyn QC   jointhe legal professions most respected figures to speak at the Solicitors Journal SJ Live two day legal event on 25 th February 2015 at Canary Wharf, London. Paul’s talk entitled ‘Holiday Pay: Holidays from hell’ will cover holidays and sickness, what is included in the calcula...
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Advocate General rejects UK challenge to EU legislation capping bankers’ bonuses

Advocate General rejects UK challenge to EU legislation capping bankers’ bonuses
By Anna Beale In an Opinion delivered today, [1] Advocate General Jääskinen has rejected the UK’s challenge to the provisions in the EU’s “Capital Requirements” legislation (comprising Directive 2013/36/EU and Regulation (EU) No 575/2013) which purport to regulate the amount of bankers’ bonuses and promote greater transparency in relation to remune...
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Restrictive covenants, no change after all… “plus ça change, plus c'est la même chose”

Over the last year, certain High Court decisions seemed to suggest that the courts were applying a more liberal, pro business approach to the interpretation and enforceability of restrictive covenants – interpolating or removing words to give commercial effect to the bargain. However, the Court of Appeal in Prophet v Huggett [2014] EWCA Civ 1013 la...
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