Cloisters Latest News

News, Publications, Policies, Events and Blogs

Legal Words on the rights of disabled students from Chris Milsom

Legal Words on the rights of disabled students from Chris Milsom
Chris Milsom has appeared in the Lexis Nexis Legal Words series which invites lawyers and judges to consider important legal developments in a wide array of fields. He discusses the landmark case of Jagoo v Bristol City Council concerning the student exemption on the payment of council tax for disabled students. Interviewed by Alex Heshmaty, C...
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Robin Allen QC and Dee Masters provide submissions to the United Nations

Robin Allen QC and Dee Masters provide submissions to the United Nations
The United Nation’s Open Ended Working Group (OEWG) is considering a new international instrument in order to protect older people.  It has called for evidence in advance of its Eighth Working Session in July 2017 ( https://social.un.org/ageing-working-group ).  Robin Allen QC and Dee Masters, barristers at Cloisters, have submitted a pap...
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What effect should retirement have on disciplinary process?

What effect should retirement have on disciplinary process?
Clarke v General Optical Council [2017] EWHC 521 (Admin) Patricia Hitchcock QC   The thorny issue of retirement during regulatory proceedings came before Fraser J in March by way of appeal under the Opticians Act 1989, s23. The reasoning of his careful judgment has wide application and will be of interest to other regulatory bodies, as well as...
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Claire McCann to co-lead “LGB….But What About the T?” workshop on 24 May

Claire McCann to co-lead “LGB….But What About the T?” workshop on 24 May
Claire McCann , one of the barristers in Cloisters’ award-winning Employment and Equality Team, will be co-leading a workshop next week at the Employment Lawyers Association Annual Conference in central London (24 th May 2017), entitled “LGB….But What About the T? A Conversation about Trans Equality, its Legal Context and Practical Implications”. I...
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“COME OUT FOR HUMAN RIGHTS” #IDAHOT #IDAHOTB….17TH MAY 2017

“COME OUT FOR HUMAN RIGHTS” #IDAHOT #IDAHOTB….17TH MAY 2017
Today, 17 th May 2017, is International Day Against Homophobia, Transphobia and Biphobia, commemorating the 1990 decision of the World Health Organisation to remove homosexuality from the list of mental disorders. Every year, policy makers, opinion leaders, the media and the general public are challenged to address the urgent need to combat violenc...
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Rachel Crasnow QC & Daphne Romney to speak at the first ELBA event on Well-Being At the Bar

Rachel Crasnow QC & Daphne Romney to speak at the first ELBA event on Well-Being At the Bar
On 17 May Rachel Crasnow QC and Daphne Romney QC are to speak at the first ELBA event on Well-Being At the Bar. Entitled “ "Keeping each other sane: tips for leading a happy legal lif e ”, the seminar builds on the work the Bar Council has developed - see http://www.barcouncil.org.uk/supporting-the-bar/wellbeing-at-the-bar

Rachel Crasnow QC & Sarah Fraser Butlin spoke about diversity on campus at the UHR Annual Conference

Rachel Crasnow QC & Sarah Fraser Butlin spoke about diversity on campus at the UHR Annual Conference
Rachel Crasnow QC and Sarah Fraser Butlin spoke to the UK’s leading University HR directors at the UHR Annual Conference in Newcastle on 10 March about diversity on campus, focusing on the lawfulness of topics such as no-platforming and safe spaces as well as the importance of addressing ongoing problems of harassment and equal pay.

Professional Disciplinary Case Digest – April 2017

A summary of legally noteworthy judicial reviews and High Court appeals regarding professional disciplinary panels and their decisions.   R (Zai Corporate Finance Ltd) v AIM Disciplinary Committee of the London Stock Exchange PLC & Anor [2017] EWHC 778 (Admin)              o Heari...
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Cloisters contribute to practitioners’ guide on religious discrimination

Cloisters contribute to practitioners’ guide on religious discrimination
Schona Jolly QC and Navid Pourghazi have written an introductory guide to religious discrimination in the workplace for Westlaw’s Insight.  Westlaw describe Insight as “an online, dynamic, continually updated and ever-growing encyclopaedia of UK law”. Content on the website is aimed at practitioners with a broad understanding of the law who ar...
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Court of Appeal raises prospect of whistleblowing protection for 54,000 Junior Doctors

Court of Appeal raises prospect of whistleblowing protection for 54,000 Junior Doctors
The Court of Appeal has handed down its decision in Day v Lewisham NHS Trust & Health Education England in which Chris Milsom acted for the successful appellant. The case concerns the status of the relationship between Dr Day (and indeed all 54,000 junior doctors in the UK)  and Health Education England (HEE) who interviews, deploys and ma...
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Sally Robertson to deliver sex discrimination workshop at ERA’s EU Gender Equality Law seminar

Sally Robertson to deliver sex discrimination workshop at ERA’s EU Gender Equality Law seminar
Between 4-5 May, Sally Robertson becomes the latest of Cloisters' barristers to take part in the Academy of European Law’s (ERA) programme of conferences and training events. Now in its 25 th Jubilee year, more than 125,000 European jurists have participated at ERA events. Cloisters barristers, including Paul Epstein QC , Rachel Crasnow QC , Cather...
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Cloisters has entered its team in this year’s London Legal Walk, which is taking place on 22 May 2017

Cloisters has entered its team in this year’s London Legal Walk, which is taking place on 22 May 2017
The London Legal Walk is an iconic annual event in which thousands of barristers, solicitors, judges, and law students take part in a sponsored 10km walk in Central London to raise money for free legal advice centres. In 2016, over 10,000 people took part and raised over £740,000. Cloisters has a proud history of fundraising for this event, and our...
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Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage

Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage
Anna Beale considers the most recent guidance from the EAT on the vexed question of whether workers should receive the minimum wage for “sleep in” shifts. Keen readers of this site may recall my critical blog on the EAT decision in Shannon v Rampersad . In that case, HHJ Peter Clark decided that an ‘on call night care assistant’ in a residential ho...
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Dress Codes at Work, Discrimination or good for business?

Dress Codes at Work, Discrimination or good for business?
Dame Laura Cox, Sam Smethers, Rachel Crasnow QC and John Graham will be speaking at our event Dress Codes at Work today to be held at The Law Society. The event will commence from 18:30 till 19:45 which will be followed by a networking and drinks session. This will give delegates the opportunity to receive insights on the pitfalls and latest develo...
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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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Professional Disciplinary Case Digest – March 2017

A summary of legally noteworthy Judicial Reviews and High Court Appeals against the decisions of professional disciplinary panels. Newell-Austin v Solicitors Regulatory Authority [2017] EWHC 411 (Admin) Challenging a decision by the SRA striking the Applicant from the Solicitors’ Roll for professional misconduct A Solicitor can lack integrity witho...
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Declan O'Dempsey to discuss "Litigating Human Rights in the EU" at Maynooth University

Declan O'Dempsey to discuss "Litigating Human Rights in the EU" at Maynooth University
Declan O’Dempsey will be speaking on “Litigating Human Rights in the EU” at  Maynooth University Department of Law at the international Jean Monnet Summer School “The EU and Human Rights in a Time of Crisis” on 19 June 2017. How will the EU’s commitment to human rights influence its relationship to the UK post-Brexit?  The summer school e...
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Disability check up by the EHRC

Disability check up by the EHRC
Sally Cowen analyses the latest research on the treatment of disabled people in the UK The Equality and Human Rights Commission (EHRC) has published its new report into the state of equality and human rights for disabled people in the UK on 3 April 2017. The title ‘Being Disabled in Britain: a Journey Less Equal’ rather sums up the whole report, wh...
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No “reason why”: Essop and Naeem in the Supreme Court

No “reason why”: Essop and Naeem in the Supreme Court
Robin Allen QC and Anna Beale consider the latest case on indirect discrimination and ask the pressing question: are equal pay cases suddenly significantly easier for Claimants? The Supreme Court has today handed down judgment in the cases of Essop and others v Home Office (UK Border Agency) and Naeem v Secretary of State for Justice . The judgment...
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Declan O'Dempsey to speak at the Council for Racial Equality’s Inaugural Human Rights and Equality event

Declan O'Dempsey to speak at the Council for Racial Equality’s Inaugural Human Rights and Equality event
On 6 April 2017 Declan O’Dempsey will be at UNISON’s headquarters in Belfast addressing the Northern Ireland Council for Racial Equality’s Inaugural Human Rights and Equality event: “ Brexit and Human Rights Protections ” on “How businesses can use the law to combat racism”. Declan’s talk will cover the way in which employers and businesses can use...
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Schona Jolly QC to speak at Human Rights after Brexit alongside Keir Starmer MP in Westminster

Schona Jolly QC to speak at Human Rights after Brexit alongside Keir Starmer MP in Westminster
Schona Jolly QC will be speaking at Human Rights after Brexit on 26 th April at Westminster (RSVP for details), alongside fellow panelists Keir Starmer MP (Shadow Secretary of State for exiting the European Union), Polly Toynbee (The Guardian), Narmada Thirangama (Unison), and Lord Stewart Wood. This is an opportunity to discuss human rights, equal...
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Schona Jolly QC instructed to represent Deliveroo drivers in the latest challenge to employment conditions in the gig economy

Schona Jolly QC instructed to represent Deliveroo drivers in the latest challenge to employment conditions in the gig economy
Following the recent successes of Cloisters barristers in employment tribunal cases such as Citysprint and Boxer v Excel Group , Schona Jolly QC has been instructed by Leigh Day to represent Deliveroo drivers who are taking legal action against the delivery firm. The claims raise more interesting issues on employment status against the food deliver...
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Are Courts taking reasonable adjustments seriously?

Are Courts taking reasonable adjustments seriously?
John Horan is lecturing the Law Centre Network on 31 March 2017 as to whether Courts are taking seriously their international duty to help disabled litigants in accessing the justice system by making reasonable adjustments. As part of the “Living Right Project” John will compare the attitude of the Court of Appeal in Northern Ireland to the approac...
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Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age?

Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age?
Cloisters: Equality and Human Rights in Practic e by Martyn McLeish Recommended reading:   this article on George Osborne’s 2015 proposal. In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consu...
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5 Cloisters QCs to speak at Michael Rubenstein’s Autumn Hot Employment Law Issues

5 Cloisters QCs to speak at Michael Rubenstein’s Autumn Hot Employment Law Issues
Cloisters barristers  Daphne Romney QC ,  Caspar Glyn QC ,  Jason Galbraith-Marten QC ,  Rachel Crasnow QC and Schona Jolly QC will be speaking at the Michael Rubenstein Hot Topics in Employment 2017/8 Conference on 5th- 6th October.  Day One features Schona Jolly QC  on  religious discrimination in the workp...
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No back-peddling - workers’ rights are gaining pace in the gig economy

No back-peddling - workers’ rights are gaining pace in the gig economy
Following the recent decisions of the Court of Appeal in Pimlico Plumbers and the Employment Tribunals in Citysprint and Uber , companies in the gig economy suffered another blow yesterday with the decision in Boxer v Excel Group Services Limited . This case augments the growing number of judgments in which staff that are ostensibly self-employed a...
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Tom Brown succeeds at persuading Court of Appeal to uphold novel High Court judgment for pension loss

Tom Brown succeeds at persuading Court of Appeal to uphold novel High Court judgment for pension loss
Tom Brown , of Cloisters, instructed by Irwin Mitchell, has persuaded the Court of Appeal to uphold a £250,000 judgment for pension loss which he secured in 2014, following the wrongful dismissal of his client, a senior NHS employee. This legally novel case concerned when, at common law, notice takes effect (previous cases have considered when term...
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Caspar Glyn QC and Rachel Barrett to represent claimant in a courier case against Excel

Caspar Glyn QC and Rachel Barrett to represent claimant in a courier case against Excel
Cloisters has been at the forefront of the recent litigation concerning the “gig economy”. Caspar Glyn QC and Rachel Barrett are representing a cycle courier, Andrew Boxer, who is suing Excel with the support of  the Independent Workers Union of Great Britain. Due to its importance it has received press coverage . Mr Boxer asserts that he is a...
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Court of Appeal to hear landmark appeal on whistleblowing protection for junior doctors

Court of Appeal to hear landmark appeal on whistleblowing protection for junior doctors
The Court of Appeal will hear the landmark appeal of Dr Chris Day on 21 March 2017 in which Public Concern at Work has been granted leave to intervene. Dr Day is being represented by Cloisters’ Chris Milsom.  Dr Day argues that 54,000 junior doctors deployed in NHS Trusts by Health Education England (HEE) should be regarded as workers of HEE u...
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Robin Allen QC gives evidence to the Lords Constitution Committee on the crisis in Judicial Recruitment

Robin Allen QC gives evidence to the Lords Constitution Committee on the crisis in Judicial Recruitment
Robin Allen QC , Chair of the Bar’s Equality and Diversity and Social Mobility Committee gave evidence to the House of Lords Constitution Committee on the 15 th March 2017.  The Committee is conducting a follow-up inquiry to its report on 'Judicial Appointments' in light of the slow progress to equality and the startling findings of the Judici...
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-0.75% Ogden Supplement

-0.75% Ogden Supplement
The supplementary tables have now been published on the GAD website on gov.uk (in both an Excel version and a pdf version) along with some accompanying explanatory text. The tables can be accessed here . T he tables are available at the top of the page and the text is at the bottom, under the section headed Details .  The 'Ogden' tables as sta...
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BBC Radio 4 In Touch Interviews Declan O'Dempsey on job discrimination toward the visually impaired

BBC Radio 4 In Touch Interviews Declan O'Dempsey on job discrimination toward the visually impaired
Declan O'Dempsey talks to BBC Radio 4 In Touch about the law relating to discrimination by recruitment agencies as it affects people with visual impairments and the difficulties they face in obtaining information from recruitment agencies and employers who are not willing to make adjustments for people with disabilities. For the full interview plea...
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Achbita & Bougnaoui: A strange kind of equality

Achbita & Bougnaoui:  A strange kind of equality
Schona Jolly QC considers the long awaited CJEU decisions in two recent cases concerning religious dress codes in the work place. What Europe needed right now was a solid, sensible judgment from its top court on religious discrimination at work. It needed perspective, proportionality and a judicial underlining of support for religious minorities ac...
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Ms N Hubbard v The Commissioner of Police for the Metropolis

Ms N Hubbard v The Commissioner of Police for the Metropolis
Declan O'Dempsey is representing Nighat Hubbard MBE,  in her claim against the Metropolitan police.  She alleges that white colleagues were allowed to work on more complex investigations while she was not, and that male officers made discriminatory comments to her and other women. The allegations date from between 2013 and 2014 and an emp...
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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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Professional Disciplinary Case Digest – February 2017

A summary of legally noteworthy Judicial Reviews and High Court Appeals against the decisions of professional disciplinary panels. R(Oriaku) v Nursing and Midwifery Council [2017] EWHC 235 (Admin) Challenging a decision by the NMC not to refer a complaint to the Investigating Committee McTier v Secretary of State for Education [2017] EWHC 212 (Admi...
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First Group v Paulley: Towards Accessible and Inclusive Public Transport?

First Group v Paulley: Towards Accessible and Inclusive Public Transport?
First Group Bus v Paulley is the first UK Supreme Court (or House of Lords) case on reasonable adjustments in non-employment contexts. The case, which was supported by the Equality and Human Rights Commission , has clear significance for wheelchair users and providers of public transport. Further, and despite being frequently (and unhelpfully) depi...
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Pytel V. The Office for Gas & Electricity Market (OFGEM) - new rights for whistle-blowers

Pytel V. The Office for Gas & Electricity Market (OFGEM) - new rights for whistle-blowers
In an important case for whistle-blowers, Paul Michell and Rachel Barrett have successfully argued that words ought to be read into the Utilities Act 2000 to allow the Claimant to continue his whistleblowing claim against OFGEM in the employment tribunal, in circumstances where he would otherwise be committing a criminal offence by bringing it. The...
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Declan O’Dempsey to provide training to the Equality and Human Rights Commission

Declan O’Dempsey to provide training to the Equality and Human Rights Commission
Cloisters is proud to announce that Declan O’Dempsey of Cloisters has been awarded the contract to provide training to the Equality and Human Rights Commission on the use of international treaties in UK law. Catherine Casserley together with Declan will provide the training materials for the course on the 23 rd March this year. The training aims to...
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The -0.75% discount rate

The -0.75% discount rate
When it finally came, the announcement of the discount rate reduction was no damp squib. The differentials will be dramatic: for example, the loss of earnings multiplier to retirement age 70 for a 25 year old man will almost double, from 26.4 to around 51.33 (before applying the non-mortality discount factors). I am not ashamed to admit that my own...
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Public bodies who discriminate – County Court or High Court process?

Public bodies who discriminate – County Court or High Court process?
By Sally Cowen Hamnett v Essex County Council [ 2017] EWCA Civ 6   Judgment given 18 th January 2017 Sally Cowen considers this interesting case concerns the apparent conflict between competing provisions of the Equality Act 2010 in the context of duties to disabled people within the context of Traffic Regulations Orders. The essence of this C...
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New silks 2017: Schona Jolly, Cloisters

New silks 2017: Schona Jolly, Cloisters
Cloisters’ Schona Jolly is one of seven new star silks interviewed by The Lawyer this year. A self-described “reluctant barrister”, Schona Jolly worked at the UN Refugee Agency before being called to the bar in 1999. “I never had grand dreams of silk – I thought I might go on to a big international organisation,” she says. The call of the bar preva...
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Cloisters column part two – ‘Premature Labelling? A child-centred approach to questions of gender identity’

Cloisters column part two – ‘Premature Labelling? A child-centred approach to questions of gender identity’
Cloisters: Equality and Human Rights in Practice This is part two of a two-part series on trans rights from leading equality and human rights barrister Claire McCann at Cloisters. Part one  explores toilets and gender identity. Toilets have not been the only battleground. In fact, hardly a week goes by without a news story about tran...
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Radio 4's PM interviews Chris Milsom on the Court of Appeal's decision in Pimlico Plumbers v Smith

Radio 4's PM interviews Chris Milsom on the Court of Appeal's decision in Pimlico Plumbers v Smith
Chris Milsom appeared on Radio 4’s PM to discuss the decision of the Court of Appeal in Pimlico Plumbers v Smith and its implications on employment status in the gig economy. Chris explains that PP is just one illustration of a wider issue but is nonetheless a welcome instance of ensuring that those who are in a position of economic subordination e...
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Plumbing the depths of employment status as the gig economy gathers steam

Plumbing the depths of employment status as the gig economy gathers steam
Plumbing the depths of employment status as the gig economy gathers steam Akua Reindorf analyses Pimlico Plumbers v Smith in the Court of Appeal and provides a round-up of employment status reports and inquiries. Where are we now? Well over two years have passed since the Employment Appeal Tribunal handed down judgment in Pimlico Plumbers Ltd v Smi...
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Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden

Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden
In November 2016, the government commissioned a review of modern employment practices. It is being led by Matthew Taylor and will focus on what has become known as the “gig economy”. In this blog, we summarise our written evidence to that review. Our central plea was that our legislators provide certainty for all. In our view this can best be achie...
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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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Survivors’ pensions and the Unmarried

Survivors’ pensions and the Unmarried
Rachel Crasnow QC considers the recent judicial review by Denise Brewster for review (reported at [2017] UKSC 8). In this important case about the status of cohabiting partners and the objective justification of socio-economic policy, the Appellant Denise Brewster and her partner Lenny McMullan had lived together for 10 years before he suddenly die...
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Speaking Up – Whistleblowing in the NHS

Speaking Up – Whistleblowing in the NHS
Dr Chris Day features in the BBC Radio Four Documentary File on Four Speaking Up – Whistleblowing in the NHS. Dr Day contends that there is a lack of protection for 43,000 junior doctors whose career progression is governed by the supervising body Health Education England. The Court of Appeal is due to hear the matter in March 2017 by way of an exp...
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Family Court proceedings: gender reassignment and ultra-orthodox Judaism

Family Court proceedings: gender reassignment and ultra-orthodox Judaism
Claire McCann , an expert on trans equality, analyses the competing arguments in the Family Court’s recent assessment of the children’s “best interests” in the unusual context of a transgender parent and the Charedi Jewish community in North Manchester. In Family Court proceedings in Manchester, a trans woman – the father and claimant in J v B and ...
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Cloisters barristers ranked in the UK Bar: Labour and Employment 2017

Cloisters barristers ranked in the UK Bar: Labour and Employment 2017
Who’s Who Legal has identified Cloisters as a leader in its field.  It endorsed 13 barristers at the junior level making Cloisters the most endorsed chambers in this category. Two silks and four juniors were also ranked in the highly rated category. Cloisters is pleased and delighted that our legal experts have been recognised for their work i...
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Paulley: An everyday step?

Paulley:  An everyday step?
Catherine Casserley , junior counsel in the case, and Sally Robertson consider the implications of the Supreme Court decision in Paulley v First Group . On 24 February 2012, Doug Paulley tried to do something most of us would not think twice about. He went to catch a bus. He wanted to get from Wetherby to Leeds to catch a train. The single wheelcha...
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Dame Laura Cox of Cloisters to lead review for Fawcett Society

Dame Laura Cox of Cloisters to lead review for Fawcett Society
Today, it has been announced that Dame Laura Cox from Cloisters will lead a nine-month inquiry for the Fawcett Society. Additionally, Anna Beale , Rachel Crasnow QC and Daphne Romney QC also from Cloisters will join Dame Laura Cox as additional panel members. The review into the UK’s gender discrimination laws will be launched due to the fear of a ...
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Catherine Casserley to speak on 'Using the Equality Act 2010 to improve access to public transport'

Catherine Casserley to speak on 'Using the Equality Act 2010 to improve access to public transport'
On the 23 rd February Catherine Casserley will present on the topic of using the Equality Act 2010 to improve access to public transport. She will be joined by Joanna Owen and Mark Stone from Equality and Human Rights Commissions and Transport for All. Catherine Casserley represented Doug Paulley in this case at the Supreme Court. Date: 23 February...
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Putting Women on the front foot: The joint committee report on high heels and dress codes at work

Putting Women on the front foot: The joint committee report on high heels and dress codes at work
Akua Reindorf considers the implications of the latest recommendations concerning the use of sexist dress codes at work. Summary The Joint Committee report on high heels and dress codes at work shows that discriminatory dress codes can promote the sexualised objectification of women at work, disadvantage people with disabilities, inhibit employment...
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Adesokan v Sainbury's

Adesokan v Sainbury's
Caspar Glyn QC considers the Court of Appeal’s judgment today that an employee can be summarily dismissed for negligence and that a wrongfully dismissed employee cannot normally maintain an ongoing claim for wages. A short but important case from the Court of Appeal was released today. Given the Art 50 decision of the Supreme Court it was a good da...
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A Policy of Uncertainty Won’t Help Workers

A Policy of Uncertainty Won’t Help Workers
Rachel Crasnow QC and Tom Gillie of Cloisters have recently published an article in the New European about the vulnerability of workers’ rights post-Brexit.  The articles argues that the rights of families, agency workers and others could be severely diminished which may damage the wider economy. If the Government wants to reassure the country...
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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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Supreme Court hands down landmark disability decision in Paulley v FirstGroup plc

Supreme Court hands down landmark disability decision in Paulley v FirstGroup plc
Today, the Supreme Court handed down its landmark decision in Paulley v FirstGroup plc as a result of which bus companies must do more to give priority spaces to travelling wheelchair users. Robin Allen QC and Catherine Casserley represented Mr Paulley, instructed by Unity Law, and funded by the Equality and Human Rights Commission. The case was he...
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BBC Sussex Radio interviews Chris Milsom on the protection disabled people accessing public transport

BBC Sussex Radio interviews Chris Milsom on the protection disabled people accessing public transport
Chris Milsom , one of our experts in discrimination law, featured on BBC Sussex Radio exploring the protection disabled people accessing public transport. This followed high-profile instances of disabled people facing disadvantage in public transport including most recently Mrs Sandra Nighy, a wheelchair user left to wait 2 hours for a taxi until m...
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Schona Jolly and Simon Dyer to become QCs

Schona Jolly and Simon Dyer to become QCs
Today, Cloisters is delighted to announce that Schona Jolly and Simon Dyer will be appointed as QCs. Schona Jolly is a legal expert in employment, discrimination, human rights and civil liberties whilst Simon Dyer specialises in personal injury and clinical negligence.

Cloisters column part one – ‘To pee or not to pee….? Toilets and Gender Identity’

Cloisters column part one – ‘To pee or not to pee….? Toilets and Gender Identity’
Cloisters: Equality and Human Rights in Practice This is part one of a two-part series on trans rights from leading equality and human rights barristers at Cloisters . Part two will explore gender identity and children.   It has been an important couple of years for trans rights. Going to the toilet is something most of us do without a se...
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Jason Galbraith-Marten QC & Sarah Fraser Butlin succeed in the bike courier employment rights case against City Sprint

Jason Galbraith-Marten QC & Sarah Fraser Butlin succeed in the bike courier employment rights case against City Sprint
Jason Galbraith-Marten QC and Sarah Fraser Butlin have succeeded in the highly publicised cycle courier claim before the Employment Tribunal.  They were instructed by BWB, acting pro bono for Maggie Dewhurst who was challenging her employment status against City Sprint.  The Employment Judge accepted their arguments that Ms Dewhurst was a...
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Robin Allen QC and Rachel Crasnow QC to speak at the EOR-TUC conference in London and Equality Law Training in Scotland

Robin Allen QC and Rachel Crasnow QC to speak at the EOR-TUC conference in London and Equality Law Training in Scotland
Cloisters is delighted to announce that our leading discrimination law experts Robin Allen QC and Rachel Crasnow QC will be speaking at the Equal Opportunities Review and The Trades Union Congress (EOR-TUC) Annual Conference to be held in London on 20 th January 2017. Additionally, Robin and Rachel will also speak at the Equality Law Training ...
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Deposit Orders: Not to be used as a “strike out through the back door”

Deposit Orders: Not to be used as a “strike out through the back door”
Chris Milsom succeeds before the EAT in Hemdan v Ishmail & Ors in an important case about the appropriate amount of a deposit order against someone who has very low means to pay. Navid Pourghazi discusses the case .   The facts The Claimant, who was a victim of trafficking, claimed that she had been employed in circumstances that amounted ...
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Immigration Act 2016—language requirements for public sector workers

Immigration Act 2016—language requirements for public sector workers
Immigration analysis: What will the Immigration Act 2016 (IA 2016) mean in practice? Akua Reindorf, a barrister at Cloisters Chambers, considers the key provisions relating to language requirements for public sector workers. What are the main provisions relating to the English language requirement? The English and Welsh language requirement contain...
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The Immigration Act and the “Fluency Duty” for Public Sector Workers: Speaking in Tongues?

The Immigration Act and the “Fluency Duty” for Public Sector Workers: Speaking in Tongues?
What steps are employers expected to take to comply with the Public Sector English Language Requirement? And how do they avoid discrimination challenges in the process? In its 2015 manifesto the present Government pledged the safe and high quality delivery of public services by ensuring that they are provided to an appropriate standard of fluency i...
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Cloisters beats Littleton Chambers in the EAT rankings

Cloisters beats Littleton Chambers in the EAT rankings
Today, The Lawyer announces that Cloisters ranks top in the EAT rankings. Cloisters made 61 appearances in total whilst Littleton Chambers made 59 and Old Square Chamber made 50. Overall, all three chambers accounted for 28 per cent of all chambers' appearances. The remaining chambers such as Outer Temple Chamber made 38 appearances, 11 King’s Benc...
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BBC Look East interviews Sarah Fraser Butlin on the impending industrial strikes taking place this week

BBC Look East interviews Sarah Fraser Butlin on the impending industrial strikes taking place this week
On the 19 December, Look East interviewed Sarah Fraser Butlin on the industrial action that will take place this week. The strike will affect post offices and airports nationwide with baggage handlers and ground staff striking this weekend. “For employers it is hugely disruptive. It has a massive impact on businesses, but what we can’t forget is th...
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Written submission to House of Commons Business, Energy and Industrial Strategy Committee inquiry

Written evidence from Caspar Glyn QC, Anna Beale and Nathaniel Caiden   Authors This submission has been prepared by Leading Employment silk, Caspar Glyn QC [1] , and Leading Employment Juniors Anna Beale [2] and Nathaniel Caiden [3] . Our conclusions to the questions posed follow: and then our reasons. Conclusion Question 1 Those who provide ...
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Schona Jolly's 'Why the Daily Mail is wrong about the judiciary' story ranks Top 5 in The Lawyer's Top 20 stories of 2016

Schona Jolly's 'Why the Daily Mail is wrong about the judiciary' story ranks Top 5 in The Lawyer's Top 20 stories of 2016
It is a sign of a healthy and functioning democracy that the exercise of governmental power can be challenged properly through the courts. Contrary to the screaming headlines in some British newspapers today, yesterday’s High Court decision did not thwart the will of 17 million Brexit voters. The High Court did not decide the EU referendum “did not...
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Important Public Services: the Regulations have arrived

Important Public Services: the Regulations have arrived
This week the Government published a series of draft Regulations defining what “important public services” (IPS) are for the purposes of the Trade Union Act 2016 ( TUA 2016 ). The Act itself has been highly controversial and while it has Royal Assent, it has not yet come into force. When it does come into effect, there will be a requirement that 50...
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Same-sex marriage within the Church of England

Same-sex marriage within the Church of England
Nathan Roberts considers Pemberton v Bishop of Southwell and Nottingham , concerning a priest who was denied a licence to work in the NHS by the Church of England because he had married someone of the same sex. The case The Church of England’s opposition to same-sex marriage is a well-known if fraught matter. The Claimant is an ordained priest in t...
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Cloisters column: ‘The age of Trump and “Brexit”: is the balance between gay rights and religious freedom changing?’

Cloisters column: ‘The age of Trump and “Brexit”: is the balance between gay rights and religious freedom changing?’
Cloisters: Equality and Human Rights in Practice The age of Trump and “Brexit”: is the balance between gay rights and religious freedom changing? How far should the right to freedom of religion and belief be protected when it conflicts with the rights of other protected groups? This is a fundamental question which has been the subject of polarised ...
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The gap is still opaque: the final draft of the Gender Pay Gap Regulations for the Private sector

The gap is still opaque:  the final draft of the Gender Pay Gap Regulations for the Private sector
Provision for equal pay audits was introduced in s. 78 of the Equality Act 2010 (“EqA”) but that section was not enabled and lay dormant until a campaign to revive it several years later. The Small Business, Enterprise and Employment Act 2015, s. 147 permitted for regulations to be made to implement s. 78 (although that section is not yet in force)...
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Robin Allen QC of Cloisters to give the prestigious Hamlyn Lectures in 2018

Robin Allen QC of Cloisters to give the prestigious Hamlyn Lectures in 2018
Robin Allen QC has been invited to give the prestigious Hamlyn Lectures in 2018.  The current 2017 series have been given by Dame Sian Ellis the Chief Justice of New Zealand , and the 2017 series will be given by Professor Andrew Burrows, Oxford Professor of the Law of England.  Robin is expected to lecture on the future development of eq...
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Neurological causation and Chester v Afshar principles considered: Crossman v St George’s Healthcare NHS Trust [ 2016] EWHC 2878 (QB)

Neurological causation and Chester v Afshar principles considered: Crossman v St George’s Healthcare NHS Trust  [ 2016] EWHC 2878 (QB)
Rodney Crossman was 64 years old when he underwent a cervical laminectomy and foraminotomy for severe neck restriction and numbness in his left arm, at St George’s Hospital, Tooting. In admitted breach of duty, the Trust had placed Mr Crossman on the waiting list for this surgery immediately after his first meeting with a consultant in February 201...
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Vicarious liability at Christmas: Work, the party, the after-party

Vicarious liability at Christmas:  Work, the party, the after-party
Adam Ohringer considers the latest case on vicarious liability in this blog. As preparations are made for Christmas 2016, the High Court is still cleaning-up from the 2011 party season. The case of Bellman v Northampton Recruitment Ltd [2016] EWHC 3104(QB) provides a useful illustration of the coverage and limits of the doctrine of vicarious liabil...
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Philip Engelman on the GRANGE v ABELLIO LONDON LTD Case

Philip Engelman on the GRANGE v ABELLIO LONDON LTD Case
Grange v Abellio London Ltd resolves an important issue relating to the approach to be taken to rights to rest under the Working Time Regulations. There were conflicting decisions of the EAT as to whether a refusal by the employer was necessary before an employee could take advantage of their rights. The EAT in Grange held that the WTR had to be co...
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Schona Jolly to speak at the annual Sakharov Debate in December

Schona Jolly to speak at the annual Sakharov Debate in December
Cloisters’ Schona Jolly is speaking at the annual Sakharov Debate, sponsored and organised by the UCL European Institute, and the Office of the European Parliament in the UK. Schona will be discussing the effect of Brexit on workers’ rights and equality as part of a panel considering how any post-Brexit rights will be enforced, and what the UK huma...
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Cloisters barristers win award at the 2016 Camden Volunteer Awards Ceremony

Cloisters barristers win award at the 2016 Camden Volunteer Awards Ceremony
Cloisters is delighted to announce that Nathan Roberts , Tom Gillie and Navid Pourghazi were part of a group of barristers who won an award at the 2016 Camden Volunteer Awards Ceremony in recognition of their Pro Bono work for Camden Community Law Centre. The Camden Volunteer Awards recognises and celebrates the contributions of volunteers in the l...
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Robin Allen QC and Joel Donovan QC elected as Joint Head of Chambers

Robin Allen QC and Joel Donovan QC elected as Joint Head of Chambers
We are very pleased to announce that Robin Allen QC and Joel Donovan QC have been elected Joint Heads of Chambers. We congratulate them and wish them the best for their term of office.

John Horan speaks on the UNCRPD and concrete expectations of disabled people in Barcelona

John Horan speaks on the UNCRPD and concrete expectations of disabled people in Barcelona
John Horan gave a speech entitled “Tools for Transforming Guardianship: Article 12 UNCRPD and Catalan Law” at an all-day conference on 10 th November 2016. This was to form part of the conference “Rights and Supports: Transforming the Guardianship” conference which is being hosted by Som Fundacio, a Barcelonan-based charity. A transcript of what he...
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Schona Jolly interviewed by BBC and the Independent following yesterday's article 50 judgment

Schona Jolly interviewed by BBC and the Independent following yesterday's article 50 judgment
Following yesterday's Article 50 judgment and the front pages in the press this morning, Schona Jolly was interviewed by the BBC and the Independent to comment on some papers' interpretation of the judgment and their attack on the judiciary (the Independent article can be found here ).  Schona also wrote for the Lawyer Magazine on the topic ea...
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Cloisters Employment Law Conference: What you need to know in 2017

Cloisters Employment Law Conference: What you need to know in 2017
Cloisters’ leading employment law silks and juniors will share their wealth of expertise and practical know-how on hot employment law issues that are likely to have the greatest impact on employment and HR professionals in the coming year. Book now and ensure your place at this one day conference which will be held on 3 November 2016 from 10am to 4...
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Robin Allen QC is The Times Lawyer of the Week

Robin Allen QC is The Times Lawyer of the Week
Robin Allen QC is the Times Lawyer of the Week.  The full column, which can be found in today's edition of the Times has been reproduced below:     Robin Allen QC, of Cloisters Chambers, acted for the Equality Commission for Northern Ireland in the Northern Ireland Court of Appeal where the judges ruled unanimously that a baker's ref...
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Cloisters is delighted to announce that it continues to be ranked in Chambers and Partners UK Bar 2017 as a leading set

Cloisters is delighted to announce that it continues to be ranked in Chambers and Partners UK Bar 2017 as a leading set
To view our Chambers and Partners online profile please click here

Schona Jolly writes in the London Review of Books Blog on the Article 50 litigation, Brexit and parliamentary sovereignty.

Schona Jolly writes in the London Review of Books Blog on the Article 50 litigation, Brexit and parliamentary sovereignty.
Schona Jolly writes in the London Review of Books Blog on Brexit, the London and Belfast Article 50 litigation, parliamentary sovereignty and Henry VIII clauses. see the publication here

Declan O’Dempsey is addressing the Industrial Law Society on “Post referendum racism”

Declan O’Dempsey is addressing the Industrial Law Society on “Post referendum racism”
Declan O’Dempsey is addressing the Industrial Law Society at the offices of Gowling WLG LLP, 2 Snowhill, Birmingham B4 6WRin Birmingham at 6 pm on 15 th November 2016 on “Post referendum racism”.  This talk deals with what businesses can do to tackle the rise in racist incidents since the EU referendum and has been well received as a “timely s...
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Declan O’Dempsey is speaking on sanctions and remedies against discrimination

Declan O’Dempsey is speaking on sanctions and remedies against discrimination
Declan O’Dempsey  is speaking on sanctions and remedies against discrimination at the Workshop on National Courts and the Charter: Judicial Dialogue in tackling present and future challenges on non-discrimination,  on 7th and 8th November 2016 at the Florence-European University Institute.

Schona Jolly to speak at Oxford University Moot and Panel Discussion on ‘Disabled People and Employment: rights protection, career progression and fulfilling potential’

Schona Jolly to speak at Oxford University Moot and Panel Discussion on ‘Disabled People and Employment: rights protection, career progression and fulfilling potential’
On 5 November 2016, Schona Jolly will be speaking at the Oxford University Moot and Panel Discussion on ‘Disabled People and Employment: rights protection, career progression and fulfilling potential’. Schona was counsel in X v Governing Body of a School [2015] UKUT 0007 (AAC), [2015] ELR 133 in which the Upper Tribunal was invited to consider, and...
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Schona Jolly attends All-Party Parliamentary Group: “How Can Brexit Be Done under the Rule of Law?”

Schona Jolly attends All-Party Parliamentary Group: “How Can Brexit Be Done under the Rule of Law?”
On 24 October 2016, Rt Hon Dominic Grieve QC MP is hosting an All-Party Parliamentary Group on the Rule of Law considering “How Can Brexit Be Done under the Rule of Law?”

Bakers lose “gay cake case”

Bakers lose “gay cake case”
The Northern Ireland Court of Appeal has found that Ashers bakery is liable for unlawful discrimination by refusing to bake a cake iced with a ‘support gay marriage’ message, for a gay customer, Mr Lee.  A copy of the judgment is available here: http://www.equalityni.org/ECNI/media/ECNI/Cases%20and%20Settlements/2016/AshersFullJudgement-Appeal...
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Robin Allen QC address to the UK Association of Women Judges

Robin Allen QC address to the UK Association of Women Judges
On 21 October 2016 Robin Allen QC addressed the UK Association of Women Judges at their Autumn Conference. This year conference focused on Religion, Culture and the Law. Robin's speach on Religion in the Workplace can be read here.

Human rights implications of Brexit: Cloisters provides evidence to Joint Committee on Human Rights

Human rights implications of Brexit:  Cloisters provides evidence to Joint Committee on Human Rights
Schona Jolly , Rachel Crasnow QC , Jason Galbraith-Marten QC , Dee Masters and Jennifer Danvers  provided written evidence to the Parliamentary Joint Committee on Human Rights concerning the human rights implications of Brexit. They argued that there were fundamental tracts of legislation relating to workers’ rights that are likely to be remov...
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Cloisters barristers provide evidence on children's rights

Cloisters barristers provide evidence on children's rights
Robin Allen QC and Dee Masters provided written evidence to the Parliamentary Joint Committee on Human Rights concerning the rights of children. They argued that in order to comply with international law, the remit of the Equality Act 2010 should be broadened to protect children and young people from age discrimination in the fields of goods, facil...
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John Horan lectures Judges, legal practitioners and international human rights members on disabled people and the duties of Judges since Galo

John Horan lectures Judges, legal practitioners and international human rights members on disabled people and the duties of Judges since Galo
John Horan has been asked by the Northern Irish Bar and the Northern Irish Law Centre to lecture on disabled people and the duties of Judges since the two historic cases of Rackham v NHS Professionals Limited and Galo v Bombardier Aerospace UK . On the 19th October 2016 he will lecture the Employment Group of N.I. Bar about the implications to the ...
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Cloisters welcomes Wellbeing at the Bar

Cloisters welcomes Wellbeing at the Bar
Cloisters welcomes the Bar Council’s guidance on Wellbeing as a really valuable contribution. Cloisters’ Robin Allen QC, who is Chair of the Bar Council’s Equality and Diversity Committee said, “ This new website will be the first place to look for assistance when a Wellbeing issue arises.  It is full of useful resources and we will be bringin...
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Schona Jolly is speaking at the JUSTICE Annual Human Rights conference

Schona Jolly is speaking at the JUSTICE Annual Human Rights conference
Schona Jolly  is speaking at the JUSTICE Annual Human Rights conference this Friday 14th October 2016 on “Religion, Secularism and Reasonable Accomodation.”

Cloisters nominated for Bar Pro Bono Award 2016

Cloisters nominated for Bar Pro Bono Award 2016
Cloisters is delighted to announce that it has been nominated for the Bar Pro Bono Award 2016. The purpose of the Bar Pro Bono Award is to thank and recognise those who have made an outstanding contribution to pro bono work. This year is particularly significant as it is the award’s 20th anniversary.