The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Tribunal rejects claim of religious discrimination by NHS Non-Executive Director opposed to same-sex adoption (Page v NHS Trust Development Authority)

Last week London South Employment Tribunal dismissed a claim by Richard Page for religious discrimination. The case concerned the NHS Trust Development Authority’s decision that he was not a suitable person to hold office as a Non-Executive Director in the NHS because of his conduct in publicising his opposition to same-sex adoption in the national...
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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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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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The Prevent Duty Part 2: Government Guidance and Practical Guidance

The Prevent Duty Part 2: Government Guidance and Practical Guidance
By Declan O’Dempsey In this article I deal with the government issued guidance on the Prevent Duty under section 21 of the Counter-Terrorism and Security Act 2015 as it applies to universities. What the guidance says Section 29 of the 2015 Act permits the Minister to issue guidance on the Prevent Duty.  It states that authorities must have reg...
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Administrative Court Judicial Review Guide 2016: Help for persons representing themselves (“litigants in person”)?

Administrative Court Judicial Review Guide 2016:
Help for persons representing themselves (“litigants in person”)?
By Declan O' Dempsey In this blog I consider the Administrative Court’s Judicial Review Guide 2016 (“the Guide”).   It is undoubtedly a massive help for solicitors, barristers and other legal advisers who are dealing with judicial review claims even on an infrequent basis.  How much help can it be for a litigant in person? The best w...
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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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Caspar Glyn QC to speak at the ILS Annual Oxford Conference

Caspar Glyn QC to speak at the ILS Annual Oxford Conference
Cloisters is delighted to be involved again in this year’s Industrial Law Society’s (ILS) Annual Conference at St Catherine’s College, Oxford. The conference will run from Friday 16 September  to Sunday 18 September 2016. Caspar Glyn QC will be giving a plenary lecture on Friday entitled:  Master and Servants. Employment Status – Yesterda...
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Caspar Glyn QC to speak at the ILS Annual Oxford Conference

Caspar Glyn QC to speak at the ILS Annual Oxford Conference
Cloisters is delighted to be involved in this year’s Industrial Law Society’s (ILS) Annual Conference at St Catherine’s College, Oxford. The conference will run from Friday 16 September to Sunday 18 September 2016. Caspar Glyn QC will be giving a plenary lecture on the latest key employment law issues. Other confirmed speakers will be Dr ...
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Declan O’Dempsey to lead workshop at the European Equality Law Network Legal Seminar 2015

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 se...
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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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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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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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When do collective redundancy consultations rules apply to a chain of shops?

When do collective redundancy consultations rules apply to a chain of shops?
  USDAW v Woolworths C-80/14 By Declan O'Dempsey Today the CEJU handed down its judgment on C‑80/14 Union of Shop, Distributive and Allied Workers (USDAW) , B. Wilson v WW Realisation 1 Ltd, in liquidation , Ethel Austin Ltd , Secretary of State for Business, Innovation and Skill s.  Since the Advocate General’s Opinion in [5/2/15] the ex...
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Drafting a good reference to the Court of Justice

Drafting a good reference to the Court of Justice
Declan O’Dempsey reports back from the ERA Seminar for the judiciary held in Prague on 22-24 April, on the Court of Justice of the EU’s current views on how to draft a good request for a reference for a preliminary ruling.  There are many lessons practitioners can draw on how to ask for a request to be made by the Court or Tribunal. See here f...
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Three Cloisters’ barristers elected on Industrial Law Society’s executive committee

Three Cloisters’ barristers elected on Industrial Law Society’s executive committee
Chambers is delighted to congratulate Sarah Fraser Butlin who was elected  Vice Chair of the Industrial Law Society at its recent elections. She is joined by Anna Beale who is the newly elected Secretary and Declan O’Dempsey on the executive  committee. Sarah Fraser Butlin is  and employment specialist ‘noted for her strength at appe...
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Seven members appointed to the Equality & Human Rights Commission Panel of Preferred Counsel

Seven members appointed to the Equality & Human Rights Commission Panel of Preferred Counsel
All Cloisters' employment specialists are experts in the area of  E quality Law , so we are delighted to announce that seven of its members have been appointed to the Equality and Human Rights Commission’s (EHRC) new Panel of Preferred Counsel.  They are: Robin Allen QC ;  Paul Epstein QC  ;  Declan O’Dempsey ;  Cather...
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2014 Equality and Employment Update: Focusing on Legal Status, Disability and Flexible Working

On 14 October 2014, Rachel Crasnow , Sarah Fraser Butlin , and Sally Robertson delivered a 2014 Equality and Employment Update (which focused on legal status, disability and flexible working) as part of Cloisters’ Autumn Seminar Series. The paper accompanying this update, which was written by the speakers and Declan O’Dempsey , can be accessed here...
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