The Latest from Cloisters

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Uber drivers are “workers”; Employment Appeal Tribunal confirms today

EAT
Today, the Employment Appeal Tribunal handed down its landmark decision in Aslam & Farrar v Uber confirming that Uber drivers are “workers” and entitled to be paid minimum wage, holiday pay and not be subjected to detriment if they blow the whistle. The judgment is here . Jason Galbraith-Marten QC and Sheryn Omeri represented the Claimant Uber ...
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Uber judgment to be handed down on Friday, 10 November

Judgment will be handed down by the Employment Appeal Tribunal in the case of Aslam & Farrar v Uber on Friday, 10 November at 10:30am.  A copy of the Employment Tribunal judgment which is being appealed is available here . Cloisters’ Jason Galbraith-Marten QC and Sheryn Omeri , instructed by Paul Jennings and Rachel Mathieson of Bates Well...
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Cloisters act in Uber case

JGMSO
Jason Galbraith-Marten QC and Sheryn Omeri , barristers at Cloisters, are representing Uber drivers who have brought claims against Uber BV (Dutch parent company), Uber London Limited and Uber Britannia Limited as test cases. They are instructed by Bates Wells Braithwaite. The drivers are claiming that they are entitled to minimum wage, holiday pay...
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Court of Appeal considers the public interest test for protected disclosures

Sheryn Omeri considers the new judgment of Chesterton Global Limited v Nurmohamed, a recent whistleblowing case, in this blog. While much judicial ink has been spilled concerning just about every other aspect of the provisions of the Employment Rights Act 1996 (‘ERA’) which provide protection to whistleblowers, the requirement that a worker “reason...
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Cloisters' barristers and their guests enjoy Temple Women's Forum Garden Party

Cloisters' barristers and their guests enjoy Temple Women's Forum Garden Party
Great fun was had by all at the Temple Women’s Forum Garden Party yesterday  (11 July 2016). Cloisters' barristers Daphne Romney QC , Caroline Musgrave , Dee Masters , Anna Beale , Chesca Lord , Sheryn Omeri , Sarah Fraser Butlin and their invited guests enjoyed drinks and canapés in the beautiful gardens at Inner Temple where they mingled wit...
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Sheryn Omeri considers the Chilcot Report and its implications for Blair and victims of war in Iraq

Sheryn Omeri considers the Chilcot Report and its implications for Blair and victims of war in Iraq
At 11am on 6 July 2016, the report of the 7-year-long Iraq Inquiry was released. The Inquiry Committee, with Sir John Chilcot at its helm, had been appointed to consider two specific questions namely: 1. whether it was right and necessary to invade Iraq in March 2003; 2. whether the UK could and should have been better prepared for what followed. I...
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Sheryn Omeri considers first ever guilty plea at the International Criminal Court

Sheryn Omeri considers first ever guilty plea at the International Criminal Court
In this month’s issue of Counsel magazine, Cloisters’ Sheryn Omeri writes about the first ever guilty plea to be offered up by a Defendant to proceedings before the International Criminal Court (ICC) in the case of Prosecutor v Al Faqi Al Mahdi, one of the cases on which Sheryn worked while based in the Office of the Prosecutor of the ICC. Sheryn c...
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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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Sheryn Omeri on the destruction of cultural property and the first International Criminal Court prosecution

Sheryn Omeri on the destruction of cultural property and the first International Criminal Court prosecution
After spending three months at the International Criminal Court in The Hague in 2015, Sheryn Omeri has written of the progress of one of the cases on which she worked in an article published in the January 2016 issue of Counsel . The case of Prosecutor v Al Faqi will be the ICC’s first prosecution for destruction of cultural property, defined as a ...
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What does 'qualifying disclosure' mean in the context of whistleblowing legislation?

What does 'qualifying disclosure' mean in the context of whistleblowing legislation?
In this month’s ELA briefing, Sheryn Omeri (together with James Laddie QC of Matrix) considers the meaning of “qualifying disclosure” in the context of whistleblowing legislation. Section 43B of the Employment Rights Act defines a qualifying disclosure as a disclosure of information which, in the reasonable belief of the worker making the disclosur...
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Ahmad Al Faqi in International custody at the Hague

Ahmad Al Faqi in International custody at the Hague
At 8am on Saturday, 26 September 2015, Ahmad Al Faqi, one of the architects of the violence in Timbuktu, Mali in 2012 which saw the repression of the local population and the destruction of numerous ancient shrines, arrived at the International Criminal Court’s detention centre in the Hague after having been surrendered by the authorities in Niger....
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Embedded communications and protected disclosures: the law following Barton v Royal Borough of Greenwich

Embedded communications and protected disclosures: the law following Barton v Royal Borough of Greenwich
By Rajiv Bhatt In the recent case of Barton v Royal Borough of Greenwich UKEAT/0041/14/DXA (in which the respondent was represented by Cloisters’ barrister Sheryn Omeri ) the claimant came to find out that his line manager had emailed documents which contained personal data to what he thought was her unsecured home email address.  He considere...
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Neither a gallop nor a Sunday evening stroll

Neither a gallop nor a Sunday evening stroll
An update on the conjoined trials of Laurent Gbagbo and Charles Blé Goudé By Sheryn Omeri The prosecutions of former President of the Ivory Coast, Laurent Gbagbo, and his Sports Minister, Charles Blé Goudé, came before the Trial Chamber of the International Criminal Court (‘ICC’) on 21 April 2015 for the first time since June and October 2014 respe...
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Illegality in context - Sheryn Omeri comments on the recent Supreme Court decision in Hounga v Allen

Illegality in context - Sheryn Omeri comments on the recent Supreme Court decision in Hounga v Allen
Cloisters' barrister Sheryn Omeri discusses the most recent decision in Hounga v Allen , a case where the claimant, Miss Hounga, had arrived in the UK on a fraudulent passport which she had used to secure a 6-month visitor’s visa and worked illegallyas a home help for the first Respondent (Mrs Allen) in London for a period of 18 months. Read S...
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Sheryn Omeri awarded a Pegasus Scholarship to work at the International Criminal Court

Sheryn Omeri awarded a Pegasus Scholarship to work at the International Criminal Court
Cloisters is delighted to announce that Sheryn Omeri  has been awarded a Pegasus Scholarship to work in the Prosecutor’s office at the International Criminal Court.  Sheryn will start on 13 April and finish on 10 July 2015 when she will be back at Chambers.
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Chemical weapons and the ICC

Chemical weapons and the ICC
Can the International Criminal Court (ICC) start prosecuting for the use and supply of chemical weapons? Cloisters barrister  Sheryn Omeri considers the ICC’s options in an article featured in Counsel Jan 2015. For the full article read: Chemical Weapons and the ICC by Sheryn Omeri

The eggshell skull rule extended to ‘cracked skulls’

In 1939, Mackinnon LJ, uttered the famous principle which has since become known as the “egg-shell skull rule.” In the case of Owens v Liverpool Corp. [1939] 1 KB 394, his Lordship said that “one who is guilty of negligence to another must put up with idiosyncrasies of his victim that increase the likelihood or extent of damage to him: it is no ans...
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