The UN Committee on Economic, Social and Cultural Rights has declared that the UK’s austerity policies are incompatible with human rights after hearing submissions from civil society organisations, including Just Fair.
Vyaj Lovejoy and Siobhan Lloyd are trustees of Just Fair and participated in a delegation to Geneva to raise concerns about the impact of austerity measures on the right to food, housing and social security.
1MCB is delighted to announce that four more barristers have accepted invitations to join Chambers.
Ariane Adam is a multidisciplinary civil practitioner, accepting instructions in employment and discrimination, regulatory, housing, and immigration matters. Alongside her domestic practice, she undertakes human rights evaluations for a number of international governmental and non-governmental bodies.
James Cartwright is a highly regarded leading junior, bringing with him over forty years’ experience in crime and mental health law. He joins 1MCB from Artesian Law.
Ishan Dave is an established practitioner in crime, immigration and asylum, property litigation and commercial and contractual disputes (with a focus on insurance matters). He also brings with him a niche practice in Indian/Hindu customary law.
Catherine Picardo qualified as a solicitor within one of the UK’s top commercial firms, before gaining experience as a criminal duty solicitor, a Senior Crown Prosecutor and a Crown Advocate. She is currently on secondment to the Serious Fraud Office.
Their profiles will be available shortly. In the meantime, please contact the clerks for further information.
For further information about joining 1MCB, please see here.
1MCB will again be participating in the London Legal Walk, raising much needed funds to support law centres and legal advice agencies in London and the South East.
To sponsor our team, please click here.
1MCB is pleased to announce that four new members have accepted invitations to join Chambers.
Raymond Ali, an experienced criminal practitioner, rejoins 1MCB following a period spent practising in Guyana.
Nick Bano joins 1MCB on the completion of a third six. He is a multidisciplinary practitioner with a focus on housing, employment and discrimination, and criminal defence.
Rafaquat Hussain accepts instructions in immigration, housing, family and general civil litigation. He joins 1MCB from Bell Yard Chambers, and will continue to sit as a part-time Judge within the Immigration and Asylum, Asylum Support and Social Security Tribunals.
David Parvin is a criminal specialist, undertaking both defence and prosecution work. He joins 1MCB from Criminal Defence Solicitors.
Their profiles will be available shortly. In the meantime, please contact the clerks for further information.
For further information about joining 1MCB, please see here.
Vyaj Lovejoy recently returned from a sabbatical with the Association for Civil Rights in Israel (ACRI), the only human rights organisation in Israel dealing with a spectrum of human rights and civil liberties issues facing people in the ‘Occupied Territories’ – Palestine – as well as people within Israel. Vyaj benefited from a scholarship from Lincoln’s Inn which allowed her to help the team at ACRI undertake incredible work in a very difficult and complex climate.
1MCB was saddened to learn of the tragic death of John Jones QC of Doughty Street Chambers. John was a towering figure at both the English and international criminal Bars. His intellect, humanity, humour and sense of justice were a source of respect and inspiration for all who knew him. He will be greatly missed.
We send our sincerest condolences to his family, friends and colleagues, especially to John’s much loved wife Miša and their two sons, Zachary and Patrick.
Jose Olivares-Chandler secured unanimous not guilty verdicts in respect of counts of possessing firearms with intent, following a trial in which the Defendant’s ex-partner and children gave evidence against him. His case was that he was set up and an extensive list of previous convictions (including convictions involving his former partner and children, as well as a drugs importation) went before the jury.
The Crown alleged that the Defendant attended his ex-partner’s address uninvited with a firearm, having earlier that day received threats from a male friend of hers. On barging his way into the premises, he discovered that his former partner was not there. However, his sixteen year old son and fifteen year old daughter were present. His son alleged that the Defendant had brandished a gun and told him that he wanted to wait for his ex-partner so that he could “deal with” the male friend. The son interpreted this as the Defendant wanting to kill the friend. The son then kept the Defendant occupied whilst he discreetly texted his mum, who in turn called police.
Jose was instructed by Hodge Jones & Allen.
Nick Bano acted for the tenant in Bali v Manaquel Company Limited, which was an appeal on a novel technical defence to a section 21 possession claim.
Where a landlord has taken a deposit they must protect it and give the tenant ‘prescribed information’, which includes a certificate that the landlord must sign. In this case the landlord was a limited company and the appellant argued that the certificate did not comply with the requirements for a executing a document on behalf of a company under section 44 of the Companies Act 2006.
Section 44 provides that a company document is properly executed if it is signed by two authorised signatories, or the by the company director (who must have their signature witnessed).
In this case there was only one signature on the certificate. HHJ Hand QC ruled that the certificate is a document to which section 44 applies, that it had not been properly executed, and that consequently the landlord had not properly given the tenant the ‘prescribed information’. The section 21 notice was therefore invalid.
In his judgment HHJ Hand QC expressed doubt that many commercial landlords comply with section 44 of the Companies Act, and noted that his judgment confirmed a ‘trap for the unwary’.
Mr Bali is currently being filmed for a documentary about tenants standing up to possession claims.
Nick was instructed by Anthony Gold Solicitors.
Chambers congratulates Gwawr Thomas on her successful application for admission to the International Criminal Court’s List of Assistants to Counsel.
David Stephenson acted for the successful claimant, Hayley Burden, in her claim for indirect sex discrimination against Hampshire Constabulary, who had withdrawn her from the promotion process after her flexible working request had been refused.
Mrs Burden, the primary carer of two young children, was one of ten successful applicants promoted to the rank of sergeant. She was posted to Aldershot police station, which was over an hour commute from her home. Mrs Burden applied for flexible working because she was unable to arrange childcare at 05:30 to enable her to begin work at 07:00. When her flexible working request was refused, Hampshire Constabulary told her that unless she accepted her posting, she would be considered as having withdrawn from the promotion process.
The Employment Tribunal found that Hampshire Constabulary indirectly discriminated against her by refusing her flexible working request and failing to post her to a Sergeant vacancy that accommodated her childcare needs. The ET found that she was unable to take up her posting because of her child care responsibilities. The ET ordered Hampshire Constabulary to pay £11,621 for injury to feelings, to further pay aggravated damages, and to reinstate her to the rank of sergeant. Hampshire Constabulary also paid loss of salary and pension from the date her promotion should have taken effect, and £1200 in costs.
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The handbook, edited and updated by Siobhán Lloyd and Marc Willers QC, is intended to be a practical tool for those providing legal assistance to NGOs working with the Roma and Traveller communities. It aims to familiarise those who are newcomers to the jurisprudence of the European Court of Human Rights and experienced practitioners alike with the workings of the Court, with a focus on how the Convention can be used to protect and promote minority rights.
‘Ensuring Access to Rights for Roma and Travellers’ has been made available online by the Council of Europe, and can be accessed here.
Benjamin Hawkin represented the Appellant before the Court of Appeal in what is a rare case, both procedurally and substantively.
Whilst serving a term of imprisonment the Appellant was notified by the Secretary of State that she would not be pursuing deportation against him, on the basis that he was a British citizen. In due course he was released on licence and resumed life with his wife and two children. However, 5 years after her original decision not to deport the Appellant, the Secretary of State did commence the procedure, stating that she did not accept that he was a British citizen. The Secretary of State subsequently made a deportation order.
The Appellant appealed to the First-tier Tribunal (Immigration and Asylum Chamber), which allowed his appeal, accepting that he had been naturalised. However, the Secretary of State then appealed to the Upper Tribunal, which overturned the First-tier Tribunal’s determination, and substituted its own determination dismissing the Appellant’s appeal, as it did not accept that he was a British citizen, or that deportation would breach his rights under Article 8 of the ECHR.
The Appellant then applied for permission to appeal to the Court of Appeal. Bean LJ granted permission to appeal on paper against the Upper Tribunal’s consideration of the nationality issue, as well as permission to adduce fresh evidence in respect of it, but refused permission on the Article 8 grounds.
However, at a renewed oral permission hearing, Gloster LJ accepted that the Secretary of State’s prior decision not to deport was an unusual factor having an effect on the Article 8 balancing exercise, and so gave permission on the outstanding grounds as well.
