News & Events
News & Events
In an article published in the latest ELA Briefing, Emily Gordon Walker and Gus Baker of Outer Temple Chambers discuss the impact of the new employment tribunals decisions database and provide advice for litigants about making applications for anonymity and restricted reporting. Emily and Gus discuss employment tribunals’ powers to make orders protecting individuals’ identities from publication. The article discusses the relevant case law in relation to such orders (including BBC v Roden and Fallows v NGN) and emphasises the importance of particularising exactly how an applicant’s Article 8 rights will be infringed if their name is published. Please click on this link to read the full article.
External Publications 4 May, 2017
Following Bar Chairman Andrew Langdon QC’s call to support Bail for Immigration Detainees (BID) in Counsel Magazine, Bianca Venkata discusses why this is such an important cause. Who? BID is a charity which specialises in helping immigration detainees obtain bail. BID’s work includes holding workshops at immigration removal centres (IRCs) for detainees and developing an invaluable step-by-step guide for detainees on how to obtain bail (more information is available here). For the most vulnerable detainees, BID prepares bail applications. Why does bail matter? The UK has 11 IRCs holding at any one time approximately 3500 detainees. Many people who are detained have never committed a crime: they have simply over-stayed their visa or had their asylum request refused. There is no…
External Publications 13 Apr, 2017
James Arnold collaborated with Professor Penny Cooper to write an article for the Employment Lawyer’s Association (ELA) briefing magazine entitled ‘Listening without prejudice? Procedural adjustments in the Employment Tribunal’. The article concerned the duties upon an employment tribunal to make adjustments in its procedures in order to achieve fairness in proceedings. Professor Cooper is a world-leading expert on witness intermediaries and accommodations in court for vulnerable people, including those with autism. James was able to bring his expertise in disability discrimination, and particularly reasonable adjustments, to bear on the article. The article may be found here.
External Publications 14 Feb, 2017
A series of detailed papers explaining the potential effect of Brexit on a number of practice areas relevant to commercial practitioners have been produced by teams of COMBAR members. These have been produced in the following areas: conflicts of laws, banking, financial services, international arbitration and competition law. The documents can be found here. They were also recently submitted to the Ministry of Justice following a meeting with the Lord Chancellor in December, attended by a number of members of the COMBAR Brexit Committee including Andrew Spink QC. Andrew Spink QC, Deborah Sabalot, Oliver Assersohn, Farhaz Khan and Miranda de Savorgnani each contributed to the paper on the impact of Brexit on financial services. Miranda de Savorgnani also contributed to the…
External Publications 31 Jan, 2017
Robert Rhodes QC explains for MyBarrister the advantages of using mediation in order to resolve disputes. He states that the process of mediation can be really successful and a satisfying solution can be reached by parties if they appoint a skilled mediator and are able to “live with a negotiated settlement”. Robert advises that the key aspects to be considered in a mediated dispute are cost and speed, practicality and confidentiality. The latter is important especially if the parties do not want to have their commercial disputes viewed by competitors, as it could be the case in litigation, which is open to the public. Mediation is usually able to settle a dispute in about two days, at low cost, whereas…
External Publications 9 Aug, 2016
Tim updates Lawyer Monthly on the UK Health & Safety regulatory developments where he points out that the recent introduction of the new sentencing guidelines for health and safety offences represents the principal change. Its main effect “has been a dramatic increase in financial penalties by around tenfold for large companies, and a much greater risk of imprisonment for negligent company officers”. Both the HSE and companies’ compliance officers have a pro-active reaction to the new regulations, Tim states. He also advises companies under investigation to prepare their defence as early as possible. Please click here for the full interview where many more key-points are discussed in greater detail. For many years Tim has been recognised by the Chambers &…
External Publications 28 Jul, 2016
David Russell QC has recently co-written and published “Towards Greater Fairness in Taxation: A Model Taxpayer Charter” in collaboration with AOTCA, CFE and STEP. The purpose of the book is to present what a good tax system should contain, successfully combining theory with practice, but without commenting on the political aspects of taxation. It constitutes a valuable starting point for the new dimension of taxpayers’ rights, emphasising what taxpayer rights and responsibilities are in various areas of the world. The authors advise that “The Model Taxpayer Charter aims to be a balanced document that is constructive for all parties […] without favouring one party over another, and certain provisions apply to both taxpayers and to tax administrations.” Pasquale Pistone, Academic…
External Publications 28 Apr, 2016
Bianca addresses the coming into force, on 7th March 2016, of the new regime in the financial services sector. She considers new key requirements as well as the impact of the removal of the reverse burden of proof. Among her conclusions, she highlights “increased transparency and accountability of decision-making in firms”, but also notes that the “emphasis on individual accountability may undermine collective decision-making”. The article, first appeared in the New Law Journal on 15 January 2016.
External Publications 25 Feb, 2016
This article provides a general commentary upon important changes to environmental law. This article was first published on Lexis®PSL Environment on 13 November 2015.
External Publications 17 Nov, 2015
Costs in Employment Tribunals 2nd edition, published October 2014. Meets the needs of practitioners, analysing what tribunals are doing and, more importantly, why they are doing so. Uniquely, it draws on decisions in approximately 100 unreported tribunal cases where costs were awarded or refused, offering the reader clarity on how costs decisions are made in these cases. The new edition has been completely revised in light of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. For more information and or to purchase a copy click here.
External Publications 5 Nov, 2014
Trusts & Trustees Journal has published an article by David Russell QC of which the following is the abstract: “Recent developments in the seemingly unending war between revenue authorities unappreciative of the efforts of taxpayers to relieve themselves of tax liabilities and taxpayers convinced that they are better custodians of their profits and gains than the governments who seek to share them as taxes may be testing the boundaries of traditional concepts such as that of sham.”
External Publications 16 Oct, 2014
Daniel Barnett and Keira Gore of Outer Temple Chambers, together with Henry Scrope, have updated the popular Employment Law Handbook (Law Society Publishing). The sixth edition, published May 2014, provides a comprehensive overview of the main topics within employment law. This new edition covers a range of new and anticipated developments in employment law, including: Rules of Procedure 2013; tribunal fees regime; protected settlement conversations; ACAS conciliation; employee shareholders; the 2014 amendments to Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); changes to whistleblowing law and unfair dismissal compensation; anticipated changes in maternity, paternity, adoption and parental leave.
External Publications 18 May, 2014
