The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Cloisters’ barristers have made a submission to the UK Parliamentary Joint Committee on Human Rights

Cloisters’ barristers have made a submission to the UK Parliamentary Joint Committee on Human Rights
The Joint Committee on Human Rights (JCHR) has launched an inquiry into the human rights implications of Brexit. It has asked about the potential impact of withdrawal on human rights protected by EU law, including include labour rights, disability rights and rights to freedom from discrimination.  JCHR Chair Harriet Harman said: "EU law provid...
Continue reading

Team Cloisters raises £4890 (plus gift aid) in London legal charity walk

Team Cloisters raises £4890 (plus gift aid) in London legal charity walk
Patricia Hitchcock QC , Tamar Burton , Chesca Lord ,  Tom Brown ,  Jen Danvers , Sally Robertson  and  Rachel Barrett  joined the Lord Chief Justice and thousands of lawyers to raise funds for the London Legal Support Trust, the Free Representation Unit and the Bar Pro Bono Unit. Team Cloisters raised £4890 plus gift aid in...
Continue reading

Interim payments in the clinical negligence context

Interim payments in the clinical negligence context
By  Jennifer Danvers In Sellar-Elliott v Howling [2016] EWHC 443 (QB) permission to appeal against an interim payment order of £100,000 was refused in a clinical negligence case where causation was in dispute.  This is an important case for clinical negligence practitioners dealing with such applications prior to exchange of medical evide...
Continue reading

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 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...
Continue reading

Rachel Crasnow QC, David Massarella and Jennifer Danvers lecture on 'dishonesty test in regulatory proceedings' to RCN

Rachel Crasnow QC, David Massarella and Jennifer Danvers lecture on 'dishonesty test in regulatory proceedings' to RCN
Cloisters barristers, Rachel Crasnow QC , David Massarella and Jennifer Danvers are giving a talk to the Royal College of Nursing on the dishonesty test within regulatory proceedings and how this has developed over time. The lecture on Monday 20 April is in London. 

Henderson v GMB : Discrimination and philosophical belief

Henderson v GMB : Discrimination and philosophical belief
By Jennifer Danvers The recent EAT judgment in  Henderson v GMB   is a must-read for practitioners seeking to advance or respond to claims of discrimination on the grounds of philosophical belief.          The Facts Keith Henderson, a GMB Regional organiser was dismissed on 7 December 2012.  At first instance...
Continue reading

Does the fact that a claim is one of whistleblowing rather than ordinary unfair dismissal matter when you’ve got to think about territoriality?

By Sarah Fraser Butlin

The simple answer is no.

In a case with both sides represented by Cloisters barristers, the President of the EAT (himself the ex-Head of Chambers) held that the test is exactly the same. The fundamental basis for an unfair dismissal claim lies in section 94. There is no reason for the automatic nature of the dismissal in s103A to modify the approach to territoriality.

Continue reading

Noise Induced Hearing Loss – Limitation

by Jennifer Danvers Frequently limitation will be a key issue in noise-induced hearing loss (“NIHL”) cases. The following issues arise:        when does the 3 year time limit run from, in other words:       when did the cause of action accrue; or       if later, when di...
Continue reading

In-house costs in ET…status quo remains as EAT deems recoverable

Cloisters’ Nathaniel Caiden (instructed by Wragge Lawrence Graham & Co LLP ) represented the Appellant in Ladak v DRC Locums Ltd .   In a significant judgment that clarifies the position on the recovery of costs of employed representatives, the Employment Appeal Tribunal found that the costs of an in-house legal representative were re...
Continue reading