Cloisters Latest News

News, Publications, Policies, Events and Blogs

Cloisters’ barristers have made a submission to the UK Parliamentary Joint Committee on Human Rights

Cloisters’ barristers have made a submission to the UK Parliamentary Joint Committee on Human Rights
The Joint Committee on Human Rights (JCHR) has launched an inquiry into the human rights implications of Brexit. It has asked about the potential impact of withdrawal on human rights protected by EU law, including include labour rights, disability rights and rights to freedom from discrimination.  JCHR Chair Harriet Harman said: "EU law provid...
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New tenants: Tom Gillie and Navid Pourghazi

New tenants: Tom Gillie and Navid Pourghazi
Cloisters is delighted to announce that Tom Gillie and Navid Pourghazi have recently become tenants.  Both Tom and Navid have experience across all of Cloisters’ core areas having completed a rigorous 12 month pupillage with plenty of advocacy and drafting experience.  

Cloisters and Paul Epstein QC shortlisted in the Chambers UK Bar awards

Cloisters and Paul Epstein QC shortlisted in the Chambers UK Bar awards
We are pleased to announce that Cloisters and Paul Epstein QC have been shortlisted for Chambers of the Year (Employment) and Silk of the Year (Employment). The awards will take place at The London Hilton on Park Lane on Thursday, 27th October 2016.

John Horan lectures as Foreign Expert in Polish Disability Forum Conferences

John Horan lectures as Foreign Expert in Polish Disability Forum Conferences
John Horan has been asked by the Polish Disability Forum to lecture on the UNCRPD and disabled people’s right in Wroclaw (29 th September), Warsaw (6 th October) and Poznan (7 th October).  A transcript of the lecture will be made available on this website once it has been published.

Time for Action – The Lawyers’ Refugee Initiative

Time for Action –  The Lawyers’ Refugee Initiative
With Europe experiencing the worst refugee crisis since World War II, Patricia Hitchcock QC reports on The Lawyers’ Refugee Initiative in a published article that can be read in full (click here ). In light of the current refugee crisis, a major demonstration calling for action is to take place on 17 th September in London (convening at Hilton Park...
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Legal 500 2016 recognises Cloisters’ Compelling Advocacy, Astute Advice and Exceptional Client Care:

Legal 500 2016 recognises Cloisters’ Compelling Advocacy, Astute Advice and Exceptional Client Care:
        Cloisters is delighted to announce that Legal 500 2016 continues to consider our barristers as Leaders at the Bar for Clinical Negligence, Employment, Human Rights & Civil Liberties, Inquests & Inquiries, Personal Injury and Sports law (see here ).  We have been newly included this year for our work on Inque...
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Cloisters and B3sixty conference

Cloisters and B3sixty conference
Cloisters and B3sixty are holding a conference on 23 September 2016 between 2.30 pm – 5.30 pm, at which several of our leading employment barristers will be speaking The programme consists of two sessions: Protecting your organisation’s reputation – legal and HR perspectives Employment law – your questions answered by Sally Cowen , Chris Milsom , C...
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Cloisters’ Diversity Data

Cloisters’ Diversity Data
In accordance with the BSB Equality Rules, Cloisters has gathered diversity data from its members and staff.  The data has been collated and is now published in these tables . Almost all members of chambers’ workforce provided their diversity data and consented to its publication. We therefore have a representative data set across the groups w...
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Sarah Fraser Butlin acts in whistle-blowing case that re-ignites worker status debate

Sarah Fraser Butlin acts in whistle-blowing case that re-ignites worker status debate
Rachel Barrett considers the recent decision McTigue v University Hospital Bristol NHS Foundation Trust , in which the President of the Employment Appeal Tribunal has given important guidance on the application of whistle-blowing provisions to agency workers. Sarah Fraser Butlin of Cloisters represented the NHS Trust in this latest case to consider...
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Six Cloisters’ Silks join panel of 22 QCs on the hot employment law issues for 2016-2017

Six Cloisters’ Silks join panel of 22 QCs on the hot employment law issues for 2016-2017
Robin Allen QC ,  Daphne Romney QC ,  Paul Epstein QC ,  Jason Galbraith-Marten QC ,  Caspar Glyn QC  and  Rachel Crasnow QC  will be part of the panel of 22 of the UK’s leading Queen’s Counsel who will update delegates  on key employment law topics that are most likely to be of concern in 2016-17. ...
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Rachel Crasnow QC and Rachel Barrett represent whistleblowing judge in landmark EAT appeal

Rachel Crasnow QC and Rachel Barrett represent whistleblowing judge in landmark EAT appeal
Rachel Crasnow QC and Rachel Barrett presented what the MOJ described as a ‘revolutionary’ argument that judges are ‘workers under contract’ in a cutting edge EAT Appeal case today. In Gilham v MOJ , the Cloisters’ barristers represented District Judge Claire Gilham who made protected disclosures about listing pressures and potential courtroom dang...
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Simon Taylor QC and Lisa Sullivan win record meningitis clinical negligence claim involving out-of-hours doctors

Simon Taylor QC and Lisa Sullivan win record meningitis clinical negligence claim involving out-of-hours doctors
By Andrew Buchan   Simon Taylor QC and Lisa Sullivan have recently won a meningitis clinical negligence claim which is believed to be the largest involving out-of-hours doctors and the first periodical payments order against GPs not involving the NHS Litigation Authority (NHSLA). The claim in the sum of £5.8 million (lump sum equivalent) could...
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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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Schona Jolly to speak at BIICL 'Human Rights in the Middle East and North Africa Region' event

Schona Jolly to speak at BIICL 'Human Rights in the Middle East and North Africa Region' event
Cloisters' Schona Jolly , Vice Chair Bar Human Rights Committee, will speak at the British Institute of International and Comparative Law (BIICL) event entitled: Human Rights in the Middle East and North Africa Region on Wednesday 13 July 2016 at Charles Clore House, 17 Russell Square, London. Time:17.30 - 19.00. This event will...
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Caspar Glyn QC to speak at the ILS Annual Oxford Conference

Caspar Glyn QC to speak at the ILS Annual Oxford Conference
Cloisters is delighted to be involved again in this year’s Industrial Law Society’s (ILS) Annual Conference at St Catherine’s College, Oxford. The conference will run from Friday 16 September  to Sunday 18 September 2016. Caspar Glyn QC will be giving a plenary lecture on Friday entitled:  Master and Servants. Employment Status – Yesterda...
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Supreme Court to determine first CJEU reference post Brexit referendum

Supreme Court to determine first CJEU reference post Brexit referendum
Robin Allen QC and Rachel Crasnow QC are in the Supreme Court today [Thursday 7 July] representing Dermod O’Brien QC, the part-time judge whom they have acted for since 2008 and for whom they obtained, for the very first time, a judicial pension although he was always only part-time.  [See O’Brien v MOJ [2013] ICR 499] A point has arisen conce...
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Disappointment for victims of trafficking

Disappointment for victims of trafficking
Schona Jolly considers what comes next after the Supreme Court rejects the race discrimination claim in Taiwo v Olaigbe and Onu v Akwiwu “The mistreatment of migrant domestic workers by employers who exploit their employees’ vulnerable situation is clearly wrong”, stated Lady Hale at the start of a judgment which will come as a real disappointment ...
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Caspar Glyn QC to speak at the ILS Annual Oxford Conference

Caspar Glyn QC to speak at the ILS Annual Oxford Conference
Cloisters is delighted to be involved in this year’s Industrial Law Society’s (ILS) Annual Conference at St Catherine’s College, Oxford. The conference will run from Friday 16 September to Sunday 18 September 2016. Caspar Glyn QC will be giving a plenary lecture on the latest key employment law issues. Other confirmed speakers will be Dr ...
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Supreme Court hears wheelchair user Paulley’s landmark appeal against bus company

Supreme Court hears wheelchair user Paulley’s landmark appeal against bus company
The Supreme Court heard today why bus companies must ensure that wheelchair users like Mr Doug Paulley (represented by Cloisters’ barristers Robin Allen QC and Catherine Casserley ) must have priority in using wheelchair spaces and why bus companies must end ‘first come, first serve’ policies. Facts In February 2012, wheelchair user Mr Paulley trie...
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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...
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Caspar Glyn QC successfully defends Leyton Orient Football Club against Director of Football’s Wrongful Dismissal claim

Caspar Glyn QC successfully defends Leyton Orient Football Club against Director of Football’s Wrongful Dismissal claim
Working with Liz Ellen, Head of Sport at Mishcon de Reya, Caspar Glyn QC successfully defended Leyton Orient against Mauro Milanese’s claim for wrongful dismissal. The Judge found, after cross-examination, that Mr Milanese had a track record of dishonesty and was prepared to lie when confronted with uncomfortable truths. The Judge held that Leyton ...
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Caspar Glyn QC secures Will Chudley’s appearance in Saturday’s Premiership Final

Caspar Glyn QC secures Will Chudley’s appearance in Saturday’s Premiership Final
Caspar Glyn QC successfully represented Exeter Chief’s scrum half, Will Chudley, for a citing hearing on Tuesday 24 May. Mr Chudley was the Man of the Match in the Chief’s victory over Wasps in the Semi Finals and has been ever present in the team this season. He was cited for allegedly kicking Joe Launchbury contrary to the laws of the game. It wa...
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Cloisters, proud sponsors of the Bob Hepple Equality Award 2016

Cloisters, proud sponsors of the Bob Hepple Equality Award 2016
Cloisters are proud to sponsor the Bob Hepple Equality Award 2016 on 30 June 2016. The event, organised by the Equal Rights Trust and the Industrial Law Society, will take place at Dechert LLP, Queen Victoria Street, London. The Award, established in the name of the late Professor Sir Bob Hepple QC champion of equality and non-discrimination, conti...
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Akua Reindorf addresses the annual conference of the Council of Employment Judges

Akua Reindorf addresses the annual conference of the Council of Employment Judges
Akua Reindorf was invited to address the annual conference of the Council of Employment Judges in Harrogate on 7 May 2016. She spoke on the subject of “Working Abroad and Territorial Jurisdiction”, joining distinguished speakers HHJ Peter Clark, HHJ Jenny Eady, HHJ Mary Stacey, Lord Justice Ryder and Sean Jones QC.   Cloisters  has signif...
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Robin Allen QC and Joel Donovan QC appointed PIcARBS Panel Arbitrators

Robin Allen QC and Joel Donovan QC appointed PIcARBS Panel Arbitrators
Robin Allen QC and Joel Donovan QC have been appointed on the Personal Injury Claims Arbitration Service (PlcARBS) panel of arbitrators. The panel includes highly experienced personal injury and clinical negligence silks who are trained in personal injury and clinical negligence arbitration and who take a collegiate approach in helping parties reso...
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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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Dee Masters elected Member at Large on ELA Management Committee

Dee Masters elected Member at Large on ELA Management Committee
Dee Masters has been elected Member at Large on the Employment Lawyers Association (ELA) Management Committee 2016-18. The ELA is an apolitical organisation representing the views and interests of just over 6,000 specialist, qualified employment lawyers in the UK. Since its inception in 1992, ELA has become the voice of authority in employment law....
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Caspar Glyn QC acts successfully for fire service in false claim of harassment and unfair dismissal case

Caspar Glyn QC acts successfully for fire service in false claim of harassment and unfair dismissal case
Caspar Glyn QC acted successfully for South Wales Fire and Rescue Service in refuting claims that a former employee had been  harassed, unfairly treated and dismissed due to his mixed race and for making a protected disclosure. After cross-examination by Caspar, the former South Wales firefighter, Michaele Lloyd dropped his claims. The Employm...
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Daphne Romney QC acts for former police Head of Legal in sex and disability discrimination case

Daphne Romney QC acts for former police Head of Legal in sex and disability discrimination case
Daphne Romney QC is acting for the former Head of Legal Services at Northumbria Police force in a high profile unfair dismissal case Denise Aubrey v Northumbria Police . The claimant, Denise Aubrey, was sacked for gross misconduct from the force she had worked at for 20 years following allegations that she had leaked information about an affair bet...
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Six Cloisters' Silks join 22 QCs to update on hot Employment Law issues for 2016-2017

Six Cloisters' Silks join 22 QCs to update on hot Employment Law issues for 2016-2017
Six Cloisters' Silks are on the panel of 22 leading Queen’s Counsel at the  22 QCs - Hot employment law issues for 2016-2017  conference devised and chaired by Michael Rubenstein.  Robin Allen QC ,  Daphne Romney QC ,  Paul Epstein QC , Jason Galbraith-Marten QC ,  Caspar Glyn QC and  Rachel Crasnow QC  will ...
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Cloisters sponsors conference to discuss the ‘Lords Report on Disability and the Equality Act: Turning Recommendations into Reality’

Cloisters sponsors conference to discuss the ‘Lords Report on Disability and the Equality Act: Turning Recommendations into Reality’
Cloisters is proud to co-sponsor the conference to discuss the ‘ Lords Report on Disability and the Equality Act:Turning Recommendations into Reality ’ on 27 April 2016 at the Max Nasatyr Room, Third Floor Suite, Coin Street Neighbourhood Centre, 108 Stamford Street, South Bank, London, SE1 9NH. This timely event, co-organised by Catherin...
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Jason Galbraith-Marten QC and Sarah Fraser Butlin act for cycle couriers in fundamental challenge to courier industry’s employment practice

Jason Galbraith-Marten QC and Sarah Fraser Butlin act for cycle couriers in fundamental challenge to courier industry’s employment practice
Jason Galbraith-Marten QC and Sarah Fraser Butlin are instructed by the Independent Workers Union of Great Britain (IWGB) to act for a number of cycle couriers who are bringing claims against some of the major courier companies.   The cycle couriers are claiming holiday pay and seeking a written statement under s1 Employment Rights Act 1996 to...
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House of Lords Select Committee condemns Equality Act’s failures to secure equality for disabled people

House of Lords Select Committee condemns Equality Act’s failures to secure equality for disabled people
On 24 March 2016, the House of Lords’ Select Committee published its report on the Equality Act 2010 and Disability entitled “The Equality Act 2010: the impact on disabled people” . Catherine Casserley acted as the Select Committee’s specialist adviser for the Report. She has appeared in a number of the cases referred to in the Report and obtained ...
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Cloisters Employment is ranked in Who’s Who Legal: UK Bar

Cloisters Employment is ranked in Who’s Who Legal: UK Bar
We are pleased to announce that barristers at Cloisters have been ranked in this year’s Who’s Who Legal UK Bar 2016 directory in Labour & Employment. Silks “Cloisters Chambers receives four nominations in this practice area.  The “innovative” Robin Allen QC is a “leading figure” at the employment bar and is regularly involved in cross-bord...
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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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Interim payments in the clinical negligence context

Interim payments in the clinical negligence context
By  Jennifer Danvers In Sellar-Elliott v Howling [2016] EWHC 443 (QB) permission to appeal against an interim payment order of £100,000 was refused in a clinical negligence case where causation was in dispute.  This is an important case for clinical negligence practitioners dealing with such applications prior to exchange of medical evide...
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Declan O’Dempsey successfully argues that Prison Service sessional teachers are entitled to employment rights

Declan O’Dempsey successfully argues that Prison Service sessional teachers are entitled to employment rights
A Cardiff Employment Tribunal has found that sessional teachers in the Prison Service were employees and therefore entitled to employment rights.  Declan O’Dempsey , acting for Prospect union members, successfully argued (in the case of Betts and Others v Secretary of State for Justice ) that their employment was lawful.  Surprisingly the...
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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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Cloisters’ Joel Donovan QC and Adam Ohringer win definitive guidance on vicarious liability in Mohamud v Morrison Supermarkets

Cloisters’ Joel Donovan QC and Adam Ohringer win definitive guidance on vicarious liability in Mohamud v Morrison Supermarkets
The Supreme Court’s judgment in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) (Appellant) v WM Morrison Supermarkets plc (Respondent) – UKSC 2014/0087 on appeal from the Court of Appeal  was handed down this morning. The Court unanimously allows the Claimant’s appeal and holds the Respondent vicariously liable for th...
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Employment Tribunal awards over £832,000 for sexual harassment to former NHS Director represented by Akua Reindorf

Employment Tribunal awards over £832,000 for sexual harassment to former NHS Director represented by Akua Reindorf
Akua Reindorf represented the successful Claimant, Helen Marks,  in a sexual harassment and sex discrimination case against Derbyshire Healthcare NHS Trust. The Employment Tribunal this week awarded Ms Marks £832,711 for injury to feelings, aggravated damages, personal injury and loss of earnings. See Marks v Derbyshire Healthcare NHS Fou...
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Starbucks held to account by Tribunal for its discrimination and victimisation of a dyslexic employee represented by Rajiv Bhatt

Starbucks held to account by Tribunal for its discrimination and victimisation of a dyslexic employee represented by Rajiv Bhatt
Rajiv Bhatt successfully represented the Claimant, Ms Meseret Kumulchew, in her sex and disability discrimination, victimisation and whistleblowing case against Starbucks, Vishal Ballee (the store manager at the time) and Sharon Sherrett (the area manager).  The case,  Kumulchew v Starbucks .  has been widely reported by the BBC . Ms...
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Access to Justice: the EAT considers how courts can provide reasonable adjustments for disabled people

Access to Justice: the EAT considers how courts can provide reasonable adjustments for disabled people
In Rackham v NHS Professionals Ltd Langstaff P (as he then was), in the EAT, has given judgment on the existence and nature of the duty on tribunals and courts to make reasonable adjustments for disabled litigants. Rackham v NHS Professionals Ltd [2015] UKEAT/0110/15: the issues The Claimant brought a case of disability discrimination and unfair di...
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How disabled people can get a fair hearing from the law courts

How disabled people can get a fair hearing from the law courts
John Horan and Nathan Roberts persuaded the President of the EAT, Langstaff P (as he then was), in the case of JW Rackham v NHS Professionals Ltd [2015] UKEAT to issue guidance for disabled people including a recommendation as to the Equal Treatment Bench Book’s ground rules hearing. The ground rules hearing has never been judiciously considered be...
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Simon Dyer represents successful claimant in High Court clinical negligence trial

Simon Dyer represents successful claimant in High Court clinical negligence trial
In  Hearne v Royal Marsden Hospital , the High Court had to balance the evidence of multiple experts to determine whether and when a patient should have been given blood-thinning treatment. Simon Dyer represented the Claimant, a cancer patient in 2010 who presented at hospital with stomach pains and a number of risk factors for venous thromboe...
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Schona Jolly appointed Joint Vice-Chair of the Bar Human Rights Committee

Schona Jolly appointed Joint Vice-Chair of the Bar Human Rights Committee
Schona Jolly has been appointed joint Vice-Chair of the Bar Human Rights Committee, the international human rights arm of the Bar Council of England and Wales. Schona, head of Cloisters’ Human Rights and Civil Liberties Group and sitting as a Council member of Justice, specialises in discrimination and equality law, employment law as well as intern...
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Ed Williams and Jennifer Danvers successfully defend School against allegations that Senior Leadership Team forged resignation letters of teaching assistants

Ed Williams and Jennifer Danvers successfully defend School against allegations that Senior Leadership Team forged resignation letters of teaching assistants
Ed Williams  and Jennifer Danvers successfully defended a school in Birmingham against allegations that the senior leadership team had forged the resignation letters of teaching assistants. The facts of the case were described in the so called Trojan horse letter, which detailed a blueprint to introduce an Islamist ethos into schools...
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Transgender Enquiry Report published today

Transgender Enquiry Report published today
The Women & Equalities Select Committee today published its Report concluding its Transgender Enquiry which it launched on 27 July 2015 and which received over 230 submissions.  Claire McCann was appointed as a Specialist Adviser to the Enquiry and was asked to provide legal advice in relation to certain aspects of the law relating to tran...
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Cloisters’ barrister William Latimer-Sayer appointed Silk

Cloisters’ barrister William Latimer-Sayer appointed Silk
Cloisters is delighted to announce that William Latimer-Sayer has been appointed Queen’s Counsel in the new silk appointments announced today. This appointment recognises William’s long-standing reputation as a top-ranking junior specialising in catastrophic personal injury and clinical negligence. He is consistently highly ranked in the leading di...
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Cloisters wins ‘Barristers’ Chambers of the Year’ and ‘Case of the Year’ at Eclipse Proclaim Personal Injury Awards 2015

Cloisters wins ‘Barristers’ Chambers of the Year’ and ‘Case of the Year’ at Eclipse Proclaim Personal Injury Awards 2015
Cloisters is delighted to announce that it has won two awards at the Eclipse Proclaim Personal Injury Awards 2015:  ‘ Barristers’ Chambers of the Year ’ and ‘ Case of the Year ’. The case in question,  JXMX (A Child) v Dartford and Gravesham NHS Trust  [2013] EWHC 3956 (QB), fundamentally changes the approach to anonymity i...
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John Horan named in Power 100 list celebrating Britain’s most influential people with a disability

John Horan named in Power 100 list celebrating Britain’s most influential people with a disability
Cloisters’ congratulates John Horan in featuring in Power 100 (for 2016) list of Britain’s most influential people with a disability. The list, which contains leading figures from across business, sport, the arts and a range of other professions, was announced today to mark UN International Day of Persons with Disabilities. For more information and...
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Dee Masters speaks at Legal-Island's 10th Equality Law Update in Northern Ireland

Dee Masters speaks at Legal-Island's 10th Equality Law Update in Northern Ireland
Dee Masters today spoke at Legal-Island's 10th Equality Law Update at the Merchant Hotel, Belfast, Northern Ireland. The session covered Age Discrimination and Goods, Facilities and Services (GFS) and the wide ranging implications for businesses, services providers and consumers alike. A copy of the paper can be found by clicking here.

Claire McCann Appointed as a Specialist Adviser to the House of Commons’ Women and Equalities Select Committee

Claire McCann Appointed as a Specialist Adviser to the House of Commons’ Women and Equalities Select Committee
At the end of October 2015,  Claire McCann was appointed as a Specialist Adviser to the House of Commons’ Women and Equalities Select Committee to advise in connection with its Transgender Enquiry.  The Committee has recently published her Legal Advice on three specific aspects relating to gender reassignment under the Equality Act 2010 w...
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Daniel Dyal successfully defends teachers’ trade union before the ET in sex discrimination claim

Daniel Dyal successfully defends teachers’ trade union before the ET in sex discrimination claim
In Revely v NASUWT Daniel Dyal  successfully defended the National Association of Schoolmasters and Union of Women Teachers (NASUWT) in sex discrimination proceedings before the employment tribunal in Exeter. The Claimant alleged that there was a discriminatory culture in the union led by one of its Assistant General Secretaries, to which the ...
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Chris Milsom acts for successful respondent in EAT case concerning when interpreters are required

Chris Milsom acts for successful respondent in EAT case concerning when interpreters are required
By Nathan Roberts In Hak v St Christopher’s Fellowship [2015] UKEAT/0446/14/DA the EAT has declined to give specific guidance as to when a court or tribunal should provide an interpreter, instead finding that the matter should be determined on a case by case basis. As a rule of thumb, however, tribunals should “ask whether the litigant’s command of...
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Ed Williams and Catriona Stirling represent successful appellants in the EAT in ground-breaking TUPE case

Ed Williams and Catriona Stirling represent successful appellants in the EAT in ground-breaking TUPE case
Ed Williams and Catriona Stirling appeared for the successful appellants in the EAT in the ground-breaking TUPE case of Hyde Housing Association Ltd and Others v Layton , in which judgment has now been handed down. The ET had held that, in circumstances where A’s employment with B transferred to joint and several employment with B and other employe...
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Lisa Sullivan appointed Deputy Queen's Bench Master

Lisa Sullivan appointed Deputy Queen's Bench Master
Cloisters is delighted that Lisa Sullivan  has been appointed Deputy Queen’s Bench Master by the Lord Chief Justice. This is part-time role and Lisa remains in full-time practice at Chambers. The appointment will run on four year renewable terms. Lisa is a highly ranked barrister who specialises in personal injury and clinical negligence work....
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Man wins damages for homophobic abuse by service provider based entirely on gestures

Man wins damages for homophobic abuse by service provider based entirely on gestures
Catherine Casserley , instructed by Unity Law, represented a gay man in what is believed to be the first case of its kind - a claim for direct discrimination and post relationship discrimination in services, based on gestures made by the defendant's staff member. The claimant attempted to return some locks to a shop following which he was subjected...
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Cloisters receives special mention at the Bar Pro Bono Awards 2015

Cloisters receives special mention at the Bar Pro Bono Awards 2015
Cloisters received a special mention for its long and extensive commitment to pro bono work at the Bar Pro Bono Awards at the Bar Conference on 17 October 2015. Lord Goldsmith, the Bar Pro Bono Unit President and Chair of the Award judging panel, said  'this is exemplified by their members' collectively taking on over 140 pro bono cases in the...
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Cloisters' barristers join 343 lawyers in criticising UK’s “deeply inadequate” response to refugee crisis

Cloisters' barristers join 343 lawyers in criticising UK’s “deeply inadequate” response to refugee crisis
Cloisters’ barristers, Sir Stephen Sedley , Robin Allen QC , Patricia Hitchcock QC , Caspar Glyn QC  and Schona Jolly  are among 343 lawyers who have signed a statement attacking the government for its "deeply inadequate" response to the Syrian refugee crisis. The signatories include the most senior ranks of the retired judiciary. Sir Ste...
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Righting discriminatory pension schemes: Does the EU “future effects” or “no retrospectivity” principle win?

Righting discriminatory pension schemes: Does the  EU “future effects” or “no retrospectivity” principle win?
Claire McCann considers the Court of Appeal judgment in O’Brien v Ministry of Justice and Walker v Innospec & Ors , which deals with the question of whether rights under the EU Part-time Workers Directive and the Framework Directive can be retrospective in the complex area of entitlement to pensions. In these joint cases, the Court of Appeal co...
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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...
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Five Cloisters' Silks join 22 QC panel on 'Hot Issues in Employment Law for 2015-2016' Conference

Five Cloisters' Silks join 22 QC panel on 'Hot Issues in Employment Law for 2015-2016' Conference
Five Cloisters' Silks are on the panel of 22 leading Queen’s Counsel at the  22 Silk - Hot issues in Employment Law 2015-2016  conference devised and chaired by Michael Rubenstein. Robin Allen QC ,   Daphne Romney QC ,   Jason Galbraith-Marten QC ,  Caspar Glyn QC  and  Rachel Crasnow QC  will be part of the ...
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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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Robin Allen QC shortlisted 'Employment Silk of the Year' for Legal 500 Awards 2015

Robin Allen QC shortlisted 'Employment Silk of the Year' for Legal 500 Awards 2015
Robin Allen QC has been shortlisted for Employment Silk of the Year for the 2015 Legal 500 UK awards. Robin, Head of Cloisters, specialises in employment, equality, discrimination, human rights, public law and local authority work. He has twice been named Chambers and Partners' "Employment Law QC of the Year" and has appeared in 145 reported c...
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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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Cloisters’ case short-listed for 'Outstanding Case of the Year' in Personal Injury Awards 2015

Cloisters’ case short-listed for 'Outstanding Case of the Year' in Personal Injury Awards 2015
Cloisters is delighted to announce that one of its cases has been short-listed for 'Outstanding Case of the Year' in the Eclipse Proclaim Personal Injury Awards 2015. The case in question: JXMX (A Child) v Dartford and Gravesham NHS Trust  [2013] EWHC 3956 (QB) fundamentally changes the approach to anonymity in approval hearings...
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Cloisters short-listed for 'Barristers’ Chambers of the Year' in Personal Injury Awards 2015

Cloisters short-listed for 'Barristers’ Chambers of the Year' in Personal Injury Awards 2015
Cloisters is delighted to announce that it has been short-listed for the Eclipse Proclaim Personal Injury Awards 2015 for ‘Barristers’ Chambers of the Year’. Chambers has had many notable successes in high value personal injury cases. One recent example is the case in which Cloisters’ barrister,  William Latimer-Sayer , instructed by Shoosmith...
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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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Rachel Crasnow QC reports on evidence given to the House of Lords Select Committee on the Equality Act 2010 and Disability

Rachel Crasnow QC reports on evidence given to the House of Lords Select Committee on the Equality Act 2010 and Disability
Last Tuesday Rachel Crasnow QC gave evidence to the House of Lords Select Committee on the Equality Act 2010 and Disability on behalf of the Bar Council. She along with other organisations, such as The Law Society, The Discrimination Law Association and The Law Centres Network, were asked their views on how well the Equality Act 2010 is being enfor...
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Paul Epstein QC and William Latimer-Sayer shortlisted for the Chambers UK Bar Awards 2015

Paul Epstein QC and William Latimer-Sayer shortlisted for the Chambers UK Bar Awards 2015
Cloisters is proud to announce that Paul Epstein QC and William Latimer-Sayer have been shortlisted for the Chambers UK Bar Awards 2015. Paul Epstein QC has been shortlisted for  Employment :  Silk of the Year. William Latimer-Sayer has been shortlisted for Personal Injury/Clinical Negligence :  Junior of the Year.   

29 Cloisters' barristers ranked in Legal 500 2015

29 Cloisters' barristers ranked in Legal 500 2015
Cloisters is delighted to announce that 29 members have been ranked in civil liberties, clinical negligence, employment, personal injury and sports practice areas in the Legal 500 2015 edition. What they say:  Solicitors have ‘absolute confidence in any barrister’ from Cloisters, which is best known for its employment, personal injury and...
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Ed Williams and Catriona Stirling seek reference to CJEU in key TUPE case

Ed Williams and Catriona Stirling seek reference to CJEU in key TUPE case
Ed Williams and Catriona Stirling will appear in the Employment Appeal Tribunal on 11 September 2015 in the case of Martlet Homes Ltd & Ors v Mr Dean Layton . This is an important case concerning the meaning and scope of the TUPE Regulations. It will determine whether there is a transfer within the meaning of the Regulations when there are mult...
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Caspar Glyn QC represents claimant in sex discrimination case against World Snooker

Caspar Glyn QC represents claimant in sex discrimination case against World Snooker
Caspar Glyn QC represented Michaela Tabb, a high profile former referee, in her claim against World Snooker for sex discrimination, unfair dismissal and breach of contract. The case Michaela McInnes v World Snooker Ltd settled for an undisclosed sum. For press coverage go to: The BBC Sport: Michaela Tabb court case against World Snooker The Guardia...
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Sarah Fraser Butlin successfully represents appellant in case establishing fees paid by Union can be recovered in the EAT

Sarah Fraser Butlin successfully represents appellant in case establishing fees paid by Union can be recovered in the EAT
By Rachel Barratt Sarah Fraser Butlin successfully represented the appellant in Ibarz v University of Sheffield   establishing that costs funded on a party’s behalf by a trade union may be recovered from the other side. Background to the appeal Dr Ibarz taught Spanish and Latin American Studies at the University of Sheffield. The University sp...
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Dee Masters speaks at the Equality Commission NI conference on strengthening protection for all ages

Dee Masters speaks at the Equality Commission NI conference on strengthening protection for all ages
At the recent Equality Commission for Northern Ireland (ECNI) conference, Cloisters’ Dee Masters gave a talk on ‘Proposals for reform of Age Discrimination in the Provision of Good, Facilities and Services'. To read Dee's paper click here . Currently there is no protection for anyone in Northern Ireland against age discrimination in the provision o...
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Chris Milsom acts for former EULEX prosecutor in whistleblowing case

Chris Milsom acts for former EULEX prosecutor in whistleblowing case
Cloisters’ barrister, Chris Milsom , is acting for Marie Bamieh, in her whistleblowing claim against the European Union Rule of Law Mission in Kosovo (EULEX) in the Central London Employment Tribunal. Maria Bamieh, a former prosecutor at EULEX, alleges she was suspended after she blew the whistle on serious corruption taking place within the EU Age...
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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...
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Griffin v Plymouth Hospitals NHS Trust - remedy judgment

Griffin v Plymouth Hospitals NHS Trust - remedy judgment
By Rajiv Bhatt Following the Court of Appeal’s decision ( Griffin v Plymouth Hospitals NHS Trust [2014] EWCA Civ 1240 ) the Employment Tribunal has now handed down its remedy judgment.  Cloisters’ barrister Chris Milsom represented the Claimant at the remedy hearing.  Three points of interest arise from the judgment. Firstly, the revised ...
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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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Catherine Casserley appointed specialist adviser to the House of Lords’ Equality Act 2010 and Disability Select Committee

Catherine Casserley appointed specialist adviser to the House of Lords’  Equality Act 2010 and Disability Select Committee
Cloisters is delighted to announce that Catherine Casserley has been appointed specialist adviser to the House of Lords’ Equality Act 2010 and Disability Select Committee.  This is a part-time role and Catherine remains in full-time practice at Chambers. The Select Committee was appointed on 11 June to consider the impact of the Equality Act 2...
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Care staff not transferred when new reduced service starts

Care staff not transferred when new reduced service starts
Sally Cowen successfully represented the new care provider in this test of when staff TUPE to a new provider within the care industry. This will have impact on many re-tender situations in the care industry, where cutbacks are being made to the service provided. The ET (Leicester) has decided that where a re-tender exercise for housing support serv...
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David Massarella and Claire McCann appointed to the B panel of the Attorney General's Panels of Junior Counsel

David Massarella and Claire McCann appointed to the B panel of the Attorney General's Panels of Junior Counsel
Cloisters is delighted to announce that David Massarella and Claire McCann have been appointed to the B panel of the Attorney General’s Panels of Junior Counsel to the Crown. The appointment will take effect from 1 September 2015 and will run for five years.

Supreme Court grants wheelchair user Paulley permission to appeal in landmark case

Supreme Court grants wheelchair user Paulley permission to appeal in landmark case
FirstGroup Plc v Paulley The Supreme Court today (8 July) granted the Appellant Mr Paulley (represented by Cloisters’ barristers Robin Allen QC and Catherine Casserley ) permission to appeal the Court of Appeal’s decision in a case considering what reasonable adjustments a bus company is required to make in order to accommodate disabled wheelchair ...
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£7.2 million settlement achieved for boy with cerebral palsy caused by delayed birth

£7.2 million settlement  achieved  for boy with cerebral palsy caused by delayed birth
Cloisters’ barristers Simon Dye r and Lisa Sullivan successfully represented a child with cerebral palsy in ABC v Kettering General Hospital NHS Trust . The boy, now 12, suffers from cerebral palsy as a result of delayed birth at the hospital. The case, heard at an approval hearing before Mrs Justice Nicola Davies, settled for a capitalised equival...
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Chris Milsom appears in judicial review on child soldiers and age discrimination

Chris Milsom appears in judicial review on child soldiers and age discrimination
By Rajiv Bhatt Cloisters’ Chris Milsom i s currently being led by Matrix Chambers’ David Wolfe QC in a judicial review of the army’s minimum service requirements for minors.  The case has been brought by Child Soldiers International (CSI), an NGO concerned with the involvement of children in armed conflict. It has already generated considerabl...
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SPLash (advice on shared parental leave) website now LIVE

SPLash (advice on shared parental leave) website now LIVE
By Claire McCann An alliance of organisations with expertise in employment law and issues affecting parents at work have created SPLash, a website dedicated to providing advice on the new rights relating to shared parental leave.  The legislation governing these rights can be complex to navigate and SPLash hopes to provide much needed clarific...
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Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240

Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240
The President of the Employment Tribunals, Judge Brian Doyle, has announced that the Compensation for Loss of Pension Rights Booklet (“the Guidance”) has been withdrawn from the Ministry of Justice website, however the underlying approaches in the Guidance remain valid. The decision follows Underhill LJ’s comments in Griffin v Plymouth Hospitals NH...
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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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Jonathan Mitchell QC joins Cloisters as associate member

Jonathan Mitchell QC joins Cloisters as associate member
We are delighted to announce that Jonathan Mitchell QC has joined Cloisters as an associate tenant.  Jonathan, a member of the Scottish Bar, brings with him his great skill and experience in commercial law ,  discrimination and equality , employment , sports and entertainment , human rights , regulatory and public law . He is renowned for...
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Gay police officer PC Dan Lichters wins discrimination claim against the Metropolitan Police

Gay police officer PC Dan Lichters wins discrimination claim against the Metropolitan Police
The Metropolitan Police has again lost a major discrimination claim brought against it by a serving officer. Akua Reindorf represented PC Lichters in his claim for direct sexual orientation discrimination, harassment and victimisation. The Met's beleaguered Fairness at Work (FAW) grievance procedure was also criticised for failing to provide any me...
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A victory for gay rights as Ashers bakery is found liable for discrimination

A victory for gay rights as Ashers bakery is found liable for discrimination
By Olivia Dobbie In a judgment handed down today by a County Court sitting in Belfast, Ashers bakery was found liable for discriminating against a customer when it refused to fulfil his order of making a cake which was iced with the slogan “Support Gay Marriage”. Cloisters’ Robin Allen QC acted for the customer (the plaintiff) in this significant r...
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Radio 4 Unreliable Evidence: Clive Anderson asks Sarah Fraser Butlin what law can do for the gender pay gap

Radio 4 Unreliable Evidence: Clive Anderson asks Sarah Fraser Butlin what law can do for the gender pay gap
In “Unreliable Evidence”, broadcasted on BBC Radio 4 on 13 May 2015, Clive Anderson and a panel of senior legal experts discussed the apparent failure of the Equal Pay Act 1970 to bridge the gender pay gap.  Amongst those taking part was Cloisters barrister,Vice Chair of the Industrial Law Society and Cambridge academic Sarah Fraser Butlin who...
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Schona Jolly shortlisted for 'Barrister of the Year' at the Lawyer Award 2015

Schona Jolly shortlisted for  'Barrister of the Year' at the Lawyer Award 2015
Chambers is delighted to congratulate Schona Jolly on being shortlisted for 'Barrister of the Year' at The Lawyers Award 2015. Schona is head of Cloisters' Civil Liberties and Human Rights Group and on the Bar's Human Rights Committee. The shortlist for The Lawyer Awards 2015 was announced today. The winner will be announced at an awards ceremony o...
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Caspar Glyn QC and Tom Brown succeed in appeal for University College Union: collective consultation duty applies to fixed-term employees

Caspar Glyn QC and Tom Brown succeed in appeal for University College Union: collective consultation duty applies to fixed-term employees
University and College Union v University of Stirling When are proposed dismissals for reasons not related to the individuals concerned? This is the question that employers, trade unions and Employment Tribunals must address when considering whether an employer is obliged to consult about collective redundancies, because it is only when a dismissal...
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Cloisters responds to public consultation by the European Commission on its review of the Working Time Directive

Cloisters responds to public consultation by the European Commission on its review of the Working Time Directive
A team of four Cloisters’ barristers, Claire McCann , Olivia Dobbie , Sian McKinley and Chesca Lord , have co-written a response to the public consultation by the European Commission in connection with its review of the Working Time Directive.  The consultation was announced in December 2014 and concluded on 18 March 2015.  Here is a...
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Cloisters unites with key family rights groups to raise awareness on shared parental leave and pay

Cloisters unites with key family rights groups to raise awareness on shared parental leave and pay
by Claire McCann Cloisters has joined Your Employment Settlement Service(YESS) Law, Maternity Action and Working Families to produce and disseminate vital information on the complex rights associated with shared parental leave which may be taken in respect of babies due to be born on or after 5 April 2015.  The shared parental leave regime is ...
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William Latimer-Sayer appears for successful Claimant in record medical negligence award case

William Latimer-Sayer appears for successful Claimant in record medical negligence award case
Cloisters barrister, William Latimer-Sayer , led by Susan Rodway QC, appeared for the successful Claimant in a case that saw the highest ever medical clinical negligence award in history. The High Court ruled today that United Lincolnshire Hospitals NHS Trust must pay £14.6 million for birth injuries to James Robshaw, after failing to carry out a C...
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Court reserves judgment in gay rights v religious beliefs case

Court reserves judgment in gay rights v religious beliefs case
Gareth Lee v Ashers Baking Company Limited Belfast High Court reserved judgment yesterday in the case of Gareth Lee v Ashers Baking Company Ltd - a case that could have wide-reaching consequences for shop owners. Robin Allen QC , acting for gay rights activist Gareth Lee, told the court why a business should not “be allowed to break a contract with...
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Three Cloisters’ barristers elected on Industrial Law Society’s executive committee

Three Cloisters’ barristers elected on Industrial Law Society’s executive committee
Chambers is delighted to congratulate Sarah Fraser Butlin who was elected  Vice Chair of the Industrial Law Society at its recent elections. She is joined by Anna Beale who is the newly elected Secretary and Declan O’Dempsey on the executive  committee. Sarah Fraser Butlin is  and employment specialist ‘noted for her strength at appe...
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Daphne Romney QC acts for 3000 women in successful equal pay claim against council

Daphne Romney QC acts for 3000 women in successful equal pay claim against council
Daphne Romney QC , instructed by Fox & Partners, represented 3000 Claimants, including carers, cooks, cleaners, school crossing patrollers, sheltered housing wardens and caretakers working for North Lanarkshire Council. They were claiming equal pay with male comparators following a job evaluation scheme brought into effect in November 2006. The...
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