The Latest from Cloisters

News, Publications, Policies, Events and Blogs

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...
Continue reading

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...
Continue reading

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...
Continue reading

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 ...
Continue reading

Missing Evidence: Sir Stephen Sedley's inquiry into delayed publication of government commissioned research report out now

Missing Evidence: Sir Stephen Sedley's inquiry into delayed publication of government commissioned research report out now
Findings by former Lord Justice of Appeal, Sir Stephen Sedley , into the scale and significance of the non-publication of government commissioned research have been published in Missing Evidence: Inquiry into delayed publication of government-commissioned research. Sir Stephen was asked by the charity Sense about Science  (of which he is a tru...
Continue reading

Qualified but cannot work here? General Teaching Council for Scotland faces recruiting challenge

Qualified but cannot work here? General Teaching Council for Scotland faces recruiting challenge
By Declan O'Dempsey The BBC says former teachers with English teaching qualifications, living in the local military population could be recruited by Moray Council to alleviate staff shortages.  Currently they cannot work because they qualified outside Scotland. The General Teaching Council for Scotland (GTCS) is considering approval of Moray’s...
Continue reading

High Court rules that doctors can withdraw life-sustaining treatment from 11-year-old boy

High Court rules that doctors can withdraw life-sustaining treatment from 11-year-old boy
Linda Jacobs and Catriona Stirling , instructed by the Bar Pro Bono Unit, have represented the family of an 11-year-old boy at the hearing of an urgent application by an NHS Trust for a declaration that it would not be unlawful to withdraw the medical treatment that was keeping him alive. The child, X, ( in the case of matter of the inherent j...
Continue reading

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...
Continue reading

PIP disability benefits delay unlawful

PIP disability benefits delay unlawful
Sally Robertson considers the ruling in  R (Ms C & Mr W) v Secretary of State for Work and Pensions [2015] EWHC 1607 (Admin). On 5 June, Mrs Justice Patterson in the Administrative Court ruled that the Department for Work and Pensions’ delay in delivering Personal Independence Payments (PIP) to two claimants was unlawful.   PIP was in...
Continue reading