‘Let’s Talk FGM’

Garden Court co-hosts an evening of inspiring talks and lively debate about the issue of FGM with the Fabian Women’s Network. Here, Maria Moodie gives her take on the evening.

Last week, Garden Court Chambers was delighted to welcome the Fabian Women’s Network for an evening of discussion about the pressing issue of female genital mutilation (FGM). On the panel, experts from the fields of law, politics, civil society campaigning and the health services talked about their experiences regarding FGM and made recommendations about what the Government must do if it is serious about ending the practice in the UK. Continue reading

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A Call to Arms: Why we Must Hold the Line

Sam Parham and Jo Cecil explain why voting ‘yes’ in the CBA ballot is a key step in the fight to save UK justice.

“The greater danger for most of us lies not in setting our aim too high and falling short; but in setting our aim too low, and achieving our mark” Michelangelo

  1. The ballot is a referendum on the merits of the deal and not on the leadership. We respect Nigel Lithman QC, Tony Cross QC and members of the CBA executive who have worked tirelessly on our behalf and in what they believed were our best interests. The CBA secured concessions but our demands were too limited in the wider context of the criminal justice system as a whole and it would be wrong to agree the terms of this deal.

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Deprivation of Liberty Defined by the Supreme Court: a difference of views concerning deprivation of liberty of disabled persons

Tim Baldwin comments on today’s Supreme Court judgment regarding the deprivation of liberty of people with disabilities.

This note concerns the case of P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor)(Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 handed down on the 19 March 2014

The issues

These conjoined appeals concern the criteria for determining when the living arrangements made for a person who lacks mental capacity to make decisions for themselves constitute a deprivation of liberty. Continue reading

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Why the human rights challenge to the ‘bedroom tax’ failed

Desmond Rutledge examines why the Court of Appeal in MA and Others refused to apply the reasoning in Burnip to disabled adults in the social sector who need an extra bedroom.

Burnip and the bedroom criteria in the private sector

In 2006, the local housing allowance scheme was introduced to restrict the amount of housing benefit payable to claimants renting in the private sector.  An important aspect of that scheme was the size criteria (here referred to as the bedroom criteria).  This prescribed the number of bedrooms that could be covered by a claim for housing benefit.  Under the ‘criteria’ one bedroom is allowed for: Continue reading

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The disturbing conflict at the heart of British justice

Catherine Oborne discusses the reasons behind today’s lawyers’ strike and explains why the Lord Chancellor must retain an independent voice to speak up for the rule of law. 

Today, lawyers go on strike for the second time since January.  The battle is with the Lord Chancellor, Chris Grayling, over his proposed reforms to legal aid. 

Strike action, from a generally traditional and conservative profession, is all but unprecedented and threatens to bring the criminal justice system to a halt. What has brought relations between the legal profession and Mr Grayling to this pitch?

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What’s wrong with the UK Government’s response to the EU call for states to adopt a framework on national Roma integration strategies?

Marc Willers and Owen Greenhall explore the Strasbourg Declaration on Roma, the EU Framework for Roma integration and the UK Government’s response, before detailing the ways in which this response lacks the substance required to effectively protect the rights of Roma.

The extensive discrimination faced by Gypsies, Travellers and Roma has been formally recognised by Member States of the Council of Europe since 1969 and there has been no shortage of commitments, declarations and expressions of good intentions by those countries aimed at improving their lives. However, progress has all too often been thwarted at the stage where policies are to be implemented at a national or local level and as a consequence there has been little real improvement. Continue reading

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High Court rules on provision of care for nomadic Gypsy/Traveller children

Marc Willers analyses the impact of a High Court ruling which gave an important judgment on the provision of care for nomadic Gypsy and Traveller children.

Just before Christmas 2013 the High Court gave an important judgment in R (J) -v- Worcestershire CC & EHRC [2013] EWHC 3845 (Admin) – a judicial review case which will help ensure that disabled Gypsy and Traveller children who rely on the provision of care by their local authority will continue to receive that care when their families travel to other parts of the Country. Continue reading

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