We are today attending the virtual hearing for #AllisonBailey’s claim against Stonewall & Garden Court Chambers.
Discussions on redactions in papers.
Ben Cooper QC for @BluskyeAllison arguing against redactions.
#AllisonBailey
Ben Cooper QC for @BluskyeAllison arguing against redactions.
#AllisonBailey
#AllisonBailey
Ben Cooper trying to establish communications between individuals at Stonewall & individuals at Garden Court Chambers. Arguing names of individuals is relevant and they put in public domain.
Ben Cooper trying to establish communications between individuals at Stonewall & individuals at Garden Court Chambers. Arguing names of individuals is relevant and they put in public domain.
#AllisonBailey
Ben Cooper QC discussing individuals who had made complaints to Garden Court Chambers. Discussion is can these individuals be publicly named or should they be redacted in papers. These individuals have connections with Stonewall.
Ben Cooper QC discussing individuals who had made complaints to Garden Court Chambers. Discussion is can these individuals be publicly named or should they be redacted in papers. These individuals have connections with Stonewall.
#AllisonBailey
Robin Moira White confirming that the three individuals under discussion ARE members of Stonewall’s trans advisory group. They have assisted Stonewall but are not employees. RMW saying their names should not be public domain.
Robin Moira White confirming that the three individuals under discussion ARE members of Stonewall’s trans advisory group. They have assisted Stonewall but are not employees. RMW saying their names should not be public domain.
#AllisonBailey
Ben Cooper QC these individuals roles are important. It’s not normal to redact names. There is a public interest in public justice.
Ben Cooper QC these individuals roles are important. It’s not normal to redact names. There is a public interest in public justice.
#AllisonBailey
Ben Cooper QC and Robin Moira White making final points.
Judge Stout talking about importance of open justice.
Ben Cooper QC and Robin Moira White making final points.
Judge Stout talking about importance of open justice.
#AllisonBailey
Judge Stout: For this hearing only I have decided that the three individuals will remain redacted
Judge Stout: For this hearing only I have decided that the three individuals will remain redacted
#AllisonBailey
Judge Stout: Stonewall has not produced evidence to show that principal of open justice should be discarded. If this was a full hearing my judgement would be different.
Judge Stout: Stonewall has not produced evidence to show that principal of open justice should be discarded. If this was a full hearing my judgement would be different.
#AllisonBailey
Judge Stout: If their names were made public their article 8 rights would be impacted. Order of redaction only for this hearing. May be different at full hearing.
Judge Stout: If their names were made public their article 8 rights would be impacted. Order of redaction only for this hearing. May be different at full hearing.
#allisonbailey
Ben Cooper QC: Only this week has claimant received application to strike out. Disclosure has yet to be completed. Some things are still redacted which shouldn’t be.
Ben Cooper QC: Only this week has claimant received application to strike out. Disclosure has yet to be completed. Some things are still redacted which shouldn’t be.
#allisonbailey
Ben Cooper QC: I can’t begin to embark on cross examination in a hearing of this kind. There isn’t the time. It would be a 2-3 day exercise. Please rule she can’t be called at this time.
Ben Cooper QC: I can’t begin to embark on cross examination in a hearing of this kind. There isn’t the time. It would be a 2-3 day exercise. Please rule she can’t be called at this time.
#allisonbailey
Anthony Johnston: Claimant has still not named those she accuses of discrimination/victimisation. Do these individuals have authority to act for chambers. Wants Miss Khan called.
Anthony Johnston: Claimant has still not named those she accuses of discrimination/victimisation. Do these individuals have authority to act for chambers. Wants Miss Khan called.
#allisonbailey
Judge Stout: I don’t think calling Miss Khan and having her cross examined would assist me in what I need to decide on today.
Judge Stout: I don’t think calling Miss Khan and having her cross examined would assist me in what I need to decide on today.
#allisonbailey
Judge Stout: There would not be a fair opportunity to test Miss Khan’s evidence today. Disclosure has not been completed. Application to call Miss Khan today denied.
Judge Stout: There would not be a fair opportunity to test Miss Khan’s evidence today. Disclosure has not been completed. Application to call Miss Khan today denied.
#allisonbailey
Ben Cooper QC: Until disclosure has been completed it may not be possible for claimant to set out all protagonists.
Ben Cooper QC: Until disclosure has been completed it may not be possible for claimant to set out all protagonists.
#allisonbailey
Ben Cooper QC: This hearing is about whether the core pleaded statements have more than no chance of success.
Ben Cooper QC: This hearing is about whether the core pleaded statements have more than no chance of success.
#allisonbailey
Still discussing the fact that claimant has not named individuals who discriminated at this stage (unable to name all individuals without disclosure being completed).
Sound still intermittent.
Still discussing the fact that claimant has not named individuals who discriminated at this stage (unable to name all individuals without disclosure being completed).
Sound still intermittent.
#allisonbailey
Ben Cooper QC talking about collective action of the chambers against the claimant (@BluskyeAllison), withholding work during 2019.
Ben Cooper QC talking about collective action of the chambers against the claimant (@BluskyeAllison), withholding work during 2019.
#allisonbailey
Ben Cooper QC: Gender critical beliefs held/expressed by claimant are those held by a women’s movement of female feminists. Indirect discrimination on grounds of sex, also on grounds of sexual orientation, many that hold these beliefs are lesbians.
Ben Cooper QC: Gender critical beliefs held/expressed by claimant are those held by a women’s movement of female feminists. Indirect discrimination on grounds of sex, also on grounds of sexual orientation, many that hold these beliefs are lesbians.
#AllisonBailey
Ben Cooper QC: Did Stonewall induce, instruct or cause the discrimination against the claimant?
Ben Cooper QC: Did Stonewall induce, instruct or cause the discrimination against the claimant?
#allisonbailey
Ben Cooper QC: I will be demonstrating this case is way beyond the strikeout threshold.
Ben Cooper QC: I will be demonstrating this case is way beyond the strikeout threshold.
#allisonbailey
Ben Cooper QC is reading from an email sent by @BluskyeAllison in December 2018 objecting to Garden Court Chambers association with Stonewall due to them breaching Equality Act.
Ben Cooper QC is reading from an email sent by @BluskyeAllison in December 2018 objecting to Garden Court Chambers association with Stonewall due to them breaching Equality Act.
#allisonbailey
Ben Cooper QC: reading from redacted email, only person named from chambers at this stage is Michelle Brewer
Ben Cooper QC: reading from redacted email, only person named from chambers at this stage is Michelle Brewer
#allisonbailey
Ben Cooper QC: It is the claimants case that through the membership of the Stonewall diversity champion programme, Stonewall enforced its views on Garden Court Chambers
Ben Cooper QC: It is the claimants case that through the membership of the Stonewall diversity champion programme, Stonewall enforced its views on Garden Court Chambers
#allisonbailey
Ben Cooper QC going through claimants loss of earnings since openly expressing gender critical views
Ben Cooper QC going through claimants loss of earnings since openly expressing gender critical views
#allisonbailey
Ben Cooper QC: Stephen Lui (SP?) is the Barrister who was liaising with Stonewall re what Garden Court Chambers could offer re Stonewall Diversity Champions scheme.
Ben Cooper QC: Stephen Lui (SP?) is the Barrister who was liaising with Stonewall re what Garden Court Chambers could offer re Stonewall Diversity Champions scheme.
#allisonbailey
Ben Cooper QC showing evidence that Michelle Brewer was acting in a Garden Court Chambers capacity and not an individual practitioner capacity.
Ben Cooper QC showing evidence that Michelle Brewer was acting in a Garden Court Chambers capacity and not an individual practitioner capacity.
#allisonbailey
Ben Cooper QC speaking about WhatsApp messages discussing claimant, can see which is Michelle Brewer but not who all others are. Language towards claimant @BluskyeAllison is described as ‘fruity’
Ben Cooper QC speaking about WhatsApp messages discussing claimant, can see which is Michelle Brewer but not who all others are. Language towards claimant @BluskyeAllison is described as ‘fruity’
#allisonbailey
Judge Stout asking if employees of Garden Court Chambers (in the marketing department?) have been redacted.
Judge Stout asking if employees of Garden Court Chambers (in the marketing department?) have been redacted.
#allisonbailey
Ongoing discussion between Ben Cooper QC and Judge Stout re who are the redacted individuals in Michelle Brewers text/WhatsApp messages. Are they members of Garden Court Chambers?
Ongoing discussion between Ben Cooper QC and Judge Stout re who are the redacted individuals in Michelle Brewers text/WhatsApp messages. Are they members of Garden Court Chambers?
#allisonbailey
Ben Cooper QC explains that #TERF is a derogatory term used to describe someone with claimants (@BluskyeAllison’s) beliefs
Ben Cooper QC explains that #TERF is a derogatory term used to describe someone with claimants (@BluskyeAllison’s) beliefs
#allisonbailey
Ben Cooper QC: plainly nonsense, as can be seen from texts, that Garden Court Chambers didn’t realise that putting out a tweet was ‘making a public statement’
Ben Cooper QC: plainly nonsense, as can be seen from texts, that Garden Court Chambers didn’t realise that putting out a tweet was ‘making a public statement’
#allisonbailey
Discussion re how longer different counsels will need to speak for. Who will we hear from this afternoon and who tomorrow.
Breaking for lunch. Will resume at 2.
Discussion re how longer different counsels will need to speak for. Who will we hear from this afternoon and who tomorrow.
Breaking for lunch. Will resume at 2.
#allisonbailey
Hearing resumed.
Ben Cooper QC still going through papers with Judge Stout.
Emails are heavily redacted. Some of the emails may be by Michelle Brewer.
Hearing resumed.
Ben Cooper QC still going through papers with Judge Stout.
Emails are heavily redacted. Some of the emails may be by Michelle Brewer.
#allisonbailey
Ben Cooper QC: redacted email from someone in chambers addresses someone named Judy (presumed to be Miss Khan head of chambers)
Ben Cooper QC: redacted email from someone in chambers addresses someone named Judy (presumed to be Miss Khan head of chambers)
#allisonbailey
Ben Cooper QC discussing email sent by Michelle Brewer externally (recipient redacted) discussing how to deal with claimants tweets.
Ben Cooper QC discussing email sent by Michelle Brewer externally (recipient redacted) discussing how to deal with claimants tweets.
#allisonbailey
Ben Cooper QC: people who appear to be closely connected with Stonewall appear to be liaising with Michelle Brewer re how to censure @BluskyeAllison
Ben Cooper QC: people who appear to be closely connected with Stonewall appear to be liaising with Michelle Brewer re how to censure @BluskyeAllison
#allisonbailey
Ben Cooper QC: complaints have gone to unpublished clerks email addresses. Inference is someone inside Garden Court Chambers colluded with complaints
Ben Cooper QC: complaints have gone to unpublished clerks email addresses. Inference is someone inside Garden Court Chambers colluded with complaints
#allisonbailey
Ben Cooper QC emails show explicit threat that if Garden Court Chambers don’t expel claimant (@BluskyeAllison) Stonewall will sever ties causing reputational damage
Ben Cooper QC emails show explicit threat that if Garden Court Chambers don’t expel claimant (@BluskyeAllison) Stonewall will sever ties causing reputational damage
#Allison Bailey
Ben Cooper QC: describing widely held beliefs as ‘bigoted’ is inherently discriminatory.
Ben Cooper QC: describing widely held beliefs as ‘bigoted’ is inherently discriminatory.
#allisonbailey
Ben Cooper QC: It is explicitly the complaint from Stonewall that becomes the focus of Garden Court Chambers investigation.
Ben Cooper QC: It is explicitly the complaint from Stonewall that becomes the focus of Garden Court Chambers investigation.
#allisonbailey
Ben Cooper QC: claimant says complaint from Stonewall is discrimination on the grounds of sex, sexual orientation & philosophical belief.
Ben Cooper QC: claimant says complaint from Stonewall is discrimination on the grounds of sex, sexual orientation & philosophical belief.
#allisonbailey
Ben Cooper QC talking about cotton ceiling and that calling someone a bigot is coercion ie a lesbian being called ‘transphobic’ for not wanting to have sex with a woman with a penis.
Ben Cooper QC talking about cotton ceiling and that calling someone a bigot is coercion ie a lesbian being called ‘transphobic’ for not wanting to have sex with a woman with a penis.
#allisonbailey
Ben Cooper QC talking about tweets @BluskyeAllison sent which are the subject of the complaint.
Ben Cooper QC talking about tweets @BluskyeAllison sent which are the subject of the complaint.
#allisonbailey
Ben Cooper QC still going through claimants evidence. Alex sharpe often uses slur #TERF online
Ben Cooper QC still going through claimants evidence. Alex sharpe often uses slur #TERF online
#allisonbailey
Ben Cooper QC: claimants belief that Stonewalls labelling of people with gender critical beliefs as ‘bigots’ has resulted in serious abuse.
Ben Cooper QC: claimants belief that Stonewalls labelling of people with gender critical beliefs as ‘bigots’ has resulted in serious abuse.
#allisonbailey
Ben Cooper QC going through papers on articles of association. Were members acting as agents for Garden Court Chambers.
Ben Cooper QC going through papers on articles of association. Were members acting as agents for Garden Court Chambers.
#allisonbailey
Ben Cooper QC: It doesn’t matter if the detriment to the claimant is different to the inducement
Ben Cooper QC: It doesn’t matter if the detriment to the claimant is different to the inducement
#AllisonBailey
Judge Stout asking who the service contract was with. (Chambers or Ltd company)
Ben Cooper QC saying it doesn’t matter.
Judge Stout asking who the service contract was with. (Chambers or Ltd company)
Ben Cooper QC saying it doesn’t matter.
#AllisonBailey
Ben Cooper QC saying it cannot be disputed that the inducement to discriminate against the claimant came from Stonewall. Redacting of emails proves it knew this was inappropriate.
Ben Cooper QC saying it cannot be disputed that the inducement to discriminate against the claimant came from Stonewall. Redacting of emails proves it knew this was inappropriate.
#AllisonBailey
Ben Cooper QC questions to be asked re if Michelle Brewer was acting on behalf of chambers or as an individual when liaising with Stonewall. Was Brewer acting as an agent of chambers?
Ben Cooper QC questions to be asked re if Michelle Brewer was acting on behalf of chambers or as an individual when liaising with Stonewall. Was Brewer acting as an agent of chambers?
#AllisonBailey
Discussion between Ben Cooper QC and Judge Stout over which section to use. Are individuals liable as individuals or as agents of Garden Court Chambers?
Discussion between Ben Cooper QC and Judge Stout over which section to use. Are individuals liable as individuals or as agents of Garden Court Chambers?
#AllisonBailey
Judge Stout, short break then we will hear from Mr Johnston. Don’t want to go much past 4 o’clock. Return tomorrow.
Judge Stout, short break then we will hear from Mr Johnston. Don’t want to go much past 4 o’clock. Return tomorrow.
#AllisonBailey
Robin Moira White querying if a victimisation claim has been left in pleadings in error? Mr Cooper will take instructions before tomorrow.
Robin Moira White querying if a victimisation claim has been left in pleadings in error? Mr Cooper will take instructions before tomorrow.
#AllisonBailey
Robin Moira White still trying to dial in. Other participants also experiencing technical difficulties.
Robin Moira White still trying to dial in. Other participants also experiencing technical difficulties.
#AllisonBailey
Robin Moira White has been unable to dial back in. Hearing will resume tomorrow at 9.30 am.
Robin Moira White has been unable to dial back in. Hearing will resume tomorrow at 9.30 am.
#AllisonBailey
Thank you to everybody who has followed today, apologies for technical difficulties and disjointed tweeting.
Thank you to everybody who has followed today, apologies for technical difficulties and disjointed tweeting.
#AllisonBailey
Main takeaways three members of Stonewall’s trans advisory group currently have their names redacted in documents - this may not be the case at the full hearing.
Judy Khan QC of Garden Court Chambers refused permission to testify today as not time for...
Main takeaways three members of Stonewall’s trans advisory group currently have their names redacted in documents - this may not be the case at the full hearing.
Judy Khan QC of Garden Court Chambers refused permission to testify today as not time for...
Ben Cooper QC for the claimant to cross examine.
Ben Cooper QC arguing against strike out - there was clearly communications from Stonewall to Garden Court Chambers that acted as inducement to discrimination that @BluskyeAllison suffered.
Ben Cooper QC arguing against strike out - there was clearly communications from Stonewall to Garden Court Chambers that acted as inducement to discrimination that @BluskyeAllison suffered.
#AllisonBailey
We strongly recommend that schools do not work with or use materials produced by Stonewall while they are facing accusations of discrimination on the grounds of Belief, Sex & Sexual Orientation.
#edutwitter #WomenEd #SLTchat #LGBT #ukedchat #NQT #teachertwitter
We strongly recommend that schools do not work with or use materials produced by Stonewall while they are facing accusations of discrimination on the grounds of Belief, Sex & Sexual Orientation.
#edutwitter #WomenEd #SLTchat #LGBT #ukedchat #NQT #teachertwitter
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