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Freezing orders in support of employment tribunal proceedings: The European dimension

Adam-Ohringer
Adam Ohringer looks at the Opinion of the Court of Session (Lord Tyre in the Outer House) in AA v The Secretary of State for Business, Energy and Industrial Strategy [2018] CSOH 54 . The rate of non-payment of awards made against employers by employment tribunals is scandalous. A 2013 study by the Department for Business Innovation & Skills fou...
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Glasgow City Council Decides Not to Appeal

Photo credit: BBC News 17 Jan 2017
Yesterday, Glasgow City Council decided that it would not pursue permission to appeal to the Supreme Court against the Court of Session decision in HBJ Claimants v Glasgow City Council [2017] IRLR 739. The Court had allowed the claimants’ appeal against rulings by the ET and EAT that the Workplace Pay and Benefits Review (“WPBR”), the job evaluatio...
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Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital

Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital
The Supreme Court handed down judgment today in the case of McCann v The State Hospitals Board for Scotland [2017] UKSC 31. Cloisters’ Jonathan Mitchell QC together with David Leighton and Rachel Barrett (also of Cloisters) acted for the successful appellant, a patient in the Scottish high security State Hospital. Mr McCann objected to the introduc...
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Jonathan Mitchell QC named Scottish Lawyer of the week

Jonathan Mitchell QC named Scottish Lawyer of the week
Today, the Times has named Jonathan Mitchell QC of Cloisters and Arnot Manderson Advocates Scottish Lawyer of the week. Jonathan acted for Cumbria, Stockport and Blackpool councils in the landmark Court of Session case of Cumbria CC and Others, 2017 SLT 34, where the court used its extraordinary equitable jurisdiction to enforce orders by the Engli...
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Robin Allen QC and Jonathan Mitchell QC secure major victory for 6,500 women in equal pay dispute worth £100m

Robin Allen QC and Jonathan Mitchell QC secure major victory for 6,500 women in equal pay dispute worth £100m
Robin Allen QC and Jonathan Mitchell QC successfully acted for thousands of women workers in a long-standing equal pay dispute against Glasgow City Council. Around 6,500 women are now expected to share a substantial pay deal worth up to £100 million. The decision by the Employment Appeal Tribunal in J MacDonald & Others v Glasgow City Council &...
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Jonathan Mitchell QC nominated 'Scottish Silk of the Year' for the Legal 500 Awards 2015

Jonathan Mitchell QC nominated 'Scottish Silk of the Year' for the Legal 500 Awards 2015
Jonathan Mitchell QC has been nominated Scottish Silk of the Year for the Legal 500 Awards 2015. Jonathan's practice is based in Scotland. He has a wide civil practice, with special interests in public, constitutional, and administrative law, and in equality issues. In addition to his court appearances, he has an active opinion practice. Chambers 2...
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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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