Obtaining compensation for state wrong-doing: winning tactics and the changing legal landscape

Tuesday 15 October 2019, 9.30am-5.30pm

Garden Court Chambers

Please note that this seminar is now fully booked. If you would like join the waiting list, please click here.

Date: Tuesday 15 October 2019
Time: 9.30am-5.30pm
Venue: Garden Court Chambers, 57-60 Lincoln's Inn Fields, London, WC2A 3LJ   Get directions
Cost: FREE
Areas of Law: Administrative and Public Law, Civil Liberties and Human Rights, Claims Against the Police and Public Authorities, Inquests and Inquiries, Immigration Detention Civil Claims, Employment and Discrimination Law

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Garden Court Chambers’ Civil Liberties and Human Rights Team is hosting a one-day conference on securing compensation for state wrongs, via tortious and HRA 1998 claims as well as statutory schemes.

Our barristers will share their experience of winning tactics to pursue as well as pitfalls to avoid. They will discuss innovative and creative legal solutions and draw on their experience of cases, which have pushed the boundaries in this area. They will also examine the significance and potential impact of all the latest developments in this field through their different specialisms.

Our barrister speakers are drawn from the four specialist areas of our Civil Liberties and Human Rights Team: Claims against the police and public authorities; Immigration detention civil claims; Inquests and inquiries; and Equality and discrimination.
 

Programme
 

09:30-10:00 
Registration
 

10:00-10:15 
Welcome/Keynote
Maya Sikand, convenor of Garden Court Chambers Civil Liberties Team and conference co-chair (with Shu Shin Luh)
 

10:15-11:30 
Are government compensation schemes a better way of obtaining compensation for state wrongs? 
Shu Shin Luh and Maya Sikand of Garden Court Chambers
This session will examine the use and effectiveness of statutory and non-statutory compensation schemes with particular reference to the Criminal Injuries Compensation Scheme, the Miscarriages of Justice Application Scheme and the Windrush Compensation Scheme, as well as potential tort/human rights claims.


11:30-11:45 
Refreshment break
 

11:45-12:45 
Compensating discriminatory acts: claims under the Equality Act 2010, Employment Rights Act 1996 and Article 14 ECHR
Stephanie Harrison QC and Mukhtiar Singh of Garden Court Chambers
This session will look at tactics and recent trends in employment discrimination cases against State bodies, particularly in the context of whistle-blowers.  It will also look at discrimination claims in the context of public authority decision-making. Our speakers will explain the significance and potential impact of recent case law in this area.


12:45-13:45 

Lunch hosted by Garden Court Chambers Civil Liberties Team
 

13:45-14:45 
The vulnerable in immigration detention
Amanda Weston QC and Greg Ó Ceallaigh of Garden Court Chambers
This session will examine key recent higher Court decisions in respect of the detention of vulnerable people under immigration powers and examine the issues arising from those judgments. Speakers will share their experience of test case and group litigation, focusing on legal principles, strategy and practice, particularly when pursuing claims against the Home Office and third party contractors.
 

14:45-15:45 
Compensating human rights breaches: causation and just satisfaction
Rajeev Thacker and Sarah Hemingway of Garden Court Chambers
This session will assess the impact of recent developments in case law on damages under the Human Rights Act 1998, including principles, causation and just satisfaction in a range of practice areas. Speakers will review the relevant authorities and examine themes, challenges, and potential opportunities. 

15:45-16:00
Tea/Coffee Break
 

16:00-17:00
Public authority negligence - life after CN v Poole
Stephen Simblet and Laura Profumo of Garden Court Chambers
This session will look at the recent Supreme Court judgment of CN v Poole and examine its implications for negligence claims against public bodies. Speakers will provide expert analysis on the state of the tort of negligence further to recent Supreme Court judgments and look at what might constitute an assumption of responsibility. They will also explore how the human rights claims can fill the gap left by the law of negligence in this very difficult area. 
 

17:00-17:30 
Closing Panel - Issues to watch
Shu Shin Luh, co-chair of conference with panelists from the day
The closing session will look at hot topics and issues that will affect practitioners in the upcoming 12 months in the area of private law and HRA claims against public bodies, including legal aid and costs recovery.
 

17:30 
Drinks reception

Venue

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