The Latest from Cloisters

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Judgment handed down in the case of O’Brien v Ministry of Justice

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The CJEU has this morning handed down judgment in the case of O’Brien v Ministry of Justice (Case C-432/17). The judgment can be found here . In a 13 year fight for a pension, Dermod O’Brien has succeeded in his second visit to the CJEU. He was represented by his Cloisters’ team of Robin Allen QC , Rachel Crasnow QC and Tamar Burton . The case conc...
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Cloisters team in European Court for part-time workers pension case

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Robin Allen QC ,  Rachel Crasnow QC  and  Tamar Burton  will appear in the Court of Justice of the European Union today in the case of O’Brien. The case concerns discrimination against O'Brien, a part-time judge in the calculation of his pension. The issue is whether periods of service as a part-time judge prior the coming into ...
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EAT upholds courier worker status: Addison Lee v Gascoigne

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In this blog, Rachel Crasnow QC considers the latest instalment in the Addison Lee litigation ( Addison Lee v Gascoigne ), a case in which Cloisters’ Tamar Burton represented the successful claimant at first instance and on appeal. She was instructed by the Independent Workers Union of Great Britain. Overview   The claimant (“C”) had been a cy...
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Spousal pensions: SC overturns inequality for same sex couple

Tamar Burton considers, in this blog, the judgment in the Supreme Court case of Walker v Innospec Limited and others [2017] UKSC 47 which was handed down on 12 July 2017.  The case concerns equal access to a spousal pension for a gay man. The issue for the Court was whether paragraph 18 of Schedule 9 of the Equality Act 2010 is incompatible wi...
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The Future Effects Principle in European law: Cloisters wins reference to the Court of Justice on behalf of hundreds of part-time judges whose pensions have been calculated on a limited basis.

The Supreme Court has this morning handed down judgment in the cases of O’Brien and Miller and ors v Ministry of Justice . The Supreme Court has made a reference to the Court of Justice of the European Union. The cases concern discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-t...
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Fighting for fair pensions

Fighting for fair pensions
Robin Allen QC , Rachel Crasnow QC and Tamar Burton appear in the Supreme Court this morning in the two cases of O’Brien and Miller and ors v Ministry of Justice, which concern discrimination of part-time workers in the calculation of pensions. The issue for the Court is whether the period of service prior the coming into effect of the relevant Dir...
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Judicial pensions and discrimination

Judicial pensions and discrimination
Two hundred and ten full-time judges, across a variety of courts and tribunals, have successfully sued the Lord Chancellor and the Ministry of Justice in the Employment Tribunal following changes to their pensions. A copy of the decision in McCloud & ors v (1) Lord Chancellor and (2) MOD is available here . This blog analyses the implications o...
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Internal appeals and the EDT: the statutory regime reigns supreme

Internal appeals and the EDT: the statutory regime reigns supreme
Tamar Burton considers the impact of an internal appeal decision to change a summary dismissal to a dismissal with notice on the effective date of termination (“EDT”). This factual scenario was considered by the Court of Appeal in Rabess v London Fire and Emergency Planning Authority, a case concerning the interplay between the common law principle...
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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...
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Future Loss in Fatal Claims: Logic Restored

Future Loss in Fatal Claims: Logic Restored
Tamar Burton considers the Supreme Court judgment handed down this morning in Knauer v Ministry of Justice . The Appellant’s appeal was unanimously allowed. The Court has overruled the principle established by the case of Cookson v Knowles [1979] AC 556 and held that the multiplier for future loss in a claim under the Fatal Accidents...
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Remedy in Tirkey v Chandhok

Remedy in Tirkey v Chandhok
By Tamar Burton The liability judgment in Tirkey v Chandhok  caught the attention of many legal commentators after the Employment Tribunal awarded Mrs Tirkey £183,773.53 for her National Minimum Wages claim alone. [Click  here  for Cloisters' blog on liability judgment.]  On 4 December 2015 the Employment Tribunal handed down it...
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Chris Milsom represents claimant in the first successful case of caste-based discrimination in the Employment Tribunal

Chris Milsom represents claimant in the first successful case of caste-based discrimination in the Employment Tribunal
In a ground-breaking judgment in Tirkey v Chandok and another ET/3400174/2013, handed down on 17 September 2015, the Employment Tribunal upheld claims for harassment on the grounds of race, religious discrimination, unfair dismissal, pay claims and breaches of the Working Time Directive. The Claimant was born in India to the Adivasi class, which fa...
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Memory and clinical negligence trials: Tressider v Royal Cornwall Hospitals NHS Trust

Memory and clinical negligence trials: Tressider v Royal Cornwall Hospitals NHS Trust
Tamar Burton’s article “Memory and Clinical Negligence Trials: Tressider v Royal Cornwall Hospitals NHS Trust ” published in this month's edition of  PI Brief Update Law Journal considers Cloisters' barrister  Simon Dyer’s recent case and the role of lay witness recollection in clinical negligence claims. In  Tressider v Royal Cornwa...
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Leapfrog granted: The death knell for Cookson v Knowles?

Leapfrog granted: The death knell for Cookson v Knowles?
By Tamar Burton It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556.  This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial. The Cookson v Knowles Pro...
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When is it time to stop judging? Age Discrimination and the Judiciary

by Tamar Burton

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Is caste discrimination barred under the Equality Act?

Is caste discrimination barred under the Equality Act?

The Employment Appeal Tribunal has reserved its decision in the case of Chandhok v Tirkey concerning whether caste-based discrimination is prohibited under the Equality Act 2010.

Christopher Milsom, who appeared at first instance, led Tamar Burton in the first case heard by the EAT concerning caste-based discrimination. The Equality and Human Rights Commission was granted permission to intervene.

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