New Walk Chambers blog

Andrew Willetts appointed Recorder

John Snell — Fri, 5 Mar 2010 17:32:53 +0000

John Snell would like to congratulate Andrew Willetts on behalf of Chambers for his tremendous achievement in being appointed a Recorder. Andrew was sworn in at Nottingham Crown Court on 10^thFebruary 2010 by Mr. Justice Flaux along with several other newly appointed Recorders.

Appeals Guide - coming soon

Ian Jones — Wed, 14 Oct 2009 10:41:37 +0000

Ian Jones is preparing to launch a new online guide to the most common administrative appeals. The Appeals Guide series will give an overview of the processes for the appeals panels and tribunals and give expert tips to help those who wish to present their own appeals.

Child Abductions on the Increase

Pauline Walker — Wed, 19 Aug 2009 15:07:13 +0000

Government figures obtained under the Freedom of Information Act 2000 show a significant increase in the number of child abductions compared with 2005. The figures for 2008 show a 20% increase on the number of abductions from 2005 with almost 500 children taken abroad illegally. This represents a 93% increase compared to figures for 1995. Of the 336 cases reported to the authorities in the UK, most children were taken to Pakistan (30 cases), followed by the USA (23), Ireland (22) and Spain (21). Other destinations that featured highly were Egypt, France and Australia. 134 of the cases involved children being taken to non-Hague Convention countries.

Discrimination: Amnesty International v Ahmed

Pauline Walker — Wed, 19 Aug 2009 12:44:48 +0000

On 13 August 2009 the EAT gave its decision in Amnesty International v Ahmed (UKEAT/0447/08/ZT). The case concerned Ahmed, a Sudanese woman, who was refused promotion to the position of Sudan Researcher by Amnesty as they believed that such an appointment would compromise their perceived impartiality and therefore their effectiveness. She resigned and claimed for race discrimination and constructive dismissal.

In their judgment, upholding the original tribunal's decision the EAT stated that this behaviour constituted direct discrimination contrary to sections 1(1)(a) and 4(2)(b) of the Race Relations Act 1976 as the decision not to appoint her was based solely on her ethnic origin and despite Amnesty's potentially justifiable reasons. (James v Eastleigh Borough Council [1990] 2 AC 751 applied). The claim for constructive dismissal failed.

Family law hearings in public

Rebecca Fitton-Brown — Mon, 10 Aug 2009 13:19:25 +0000

The Family Proceeding Rules have been amended to allow access to family proceedings by the media and any other person allowed by the court. So you may now find journalists attending your care or residence or ancillary relief case! It is not clear what other persons may be allowed. There is an exception for "judicially assisted conciliation." Restrictions on publication continue to apply.

Written by Rebecca Fitton-Brown, barrister at New Walk Chambers, specialising in family law.

New Walk Chambers Prize

John Snell — Mon, 27 Jul 2009 11:28:38 +0000

New Walk Chambers congratulates Sally Brett on becoming the first recipient of the New Walk Chambers Prize. The prize reflects Chambers' commitment to employment law and personal development through lifelong learning. It will be awarded annually to the best graduate in the University of Leicester LL.M. in Employment Law by Distance Learning.

Sally, who achieved a Distinction, is seen here with the Course Director, Pascale Lorber, and David Monk.

School appeal news

Ian Jones — Tue, 16 Jun 2009 16:21:51 +0000

Ian Jones is quoted extensively in the newspapers this week as figures are released showing that 1 in 10 primary school children were denied a place at the school preferred by their parents. Through his website www.school-appeal.org.uk, Ian Jones provides advice and support to hundreds of parents who want help with the appeal process. Ian also highlights a rise in demand from parents who have failed in their appeal but feel that the process was unfair, and from parents who want to challenge the admissions policy for their preferred school.

For those who want to follow the media discussion, the story is taken up by the Daily Telegraph, the Daily Mail, the Independent and the Guardian newspapers.

School appeals are likely to feature further in the news over the next few weeks, with more school appeal statistics due out on Thursday and with a forthcoming High Court ruling on the powers of appeal panels.

Ian Jones is a barrister specialising in school appeals and education law at New Walk Chambers, Leicester.

Progress for Gurkhas

Kajal Dasani — Tue, 2 Jun 2009 10:11:53 +0000

A press release from the Home Office Press Office confirmed that all former Gurkhas who have served in the British Army for at least four years will now be eligible for settlement in the United Kingdom. There is a new policy which allows for those Gurkhas who retired before 1 July 1997 and completed four years' service to apply to settle in the United Kingdom with their spouses and dependent children. Those who retired after 1 July 1997 are already eligible to apply for settlement under the current immigration rules. (Source: http://press.homeoffice.gov.uk/press-releases/gurkhas-right-to-settle-in-uk)

Written by Kajal Dasani, Barrister at New Walk Chambers, specialising in Immigration Law.

School appeals - What to do if the appeal fails?

Ian jones — Thu, 28 May 2009 15:06:21 +0000

Independent Appeal Panels are working through the backlog of appeals for primary and secondary school places and grammar school appeals. Appeals submitted by the local deadline (which varies across the country) need to be heard and decided by the end of the first week in July.

Statistically about one in three appeals is successful, so the majority will not be allowed. This statistic masks a range of experience, depending on the type on school and the respective strengths of the admission authority's case and that of the parents.

Many appeals are still waiting to be heard. It may not be too late to obtain professional advice for your child's appeal or representation at the hearing. Please click here for further details.

But if you have already been through the appeal process, what can you do if your school appeal fails? If an independent appeal panel refuses your admission appeal, this decision is final and binding. There is no further appeal. Their decision can only be challenged if the panel did not follow the proper process, got the law wrong or came to a decision which was so unreasonable that no panel in their right minds would have come to the same decision. Simply disagreeing with the decision is not sufficient.

If you think the appeal panel ‘got it wrong', you have three choices. You can ‘put up with' the result, or you can refer the case to the Local Government Ombudsman to investigate, or you can bring a claim for judicial review. If you are thinking of pursuing the complaint, you must do so quickly, as there are legal time limits and any delay may make it even harder to obtain a place at your preferred school.

For advice on making a complaint to the Local Government Ombudsman or Judicial Review, please contact Ian Jones.

Written by Ian Jones, barrister at New Walk Chambers, specialising in School Appeals.

Andrew Willetts appointed Recorder

John Snell — Mon, 18 May 2009 14:06:20 +0000

Chambers would like to congratulate Andrew Willetts on his appointment to the office of Recorder. Andrew will be sitting on the midlands circuit and we wish him well on this first stage of his judicial career.