Something to Declare – Nearly Legal

Posted January 27th, 2016 in appeals, housing, local government, news, tribunals by sally

‘The power for a local authority to make an HMO declaration under s255, Housing Act 2004 is not commonly used. This power arises where a property appears to be an HMO in all respects save that it is not being used solely as an HMO. In that case the property will not fulfil the tests for an HMO under s254 of the Act but can be declared to be an HMO by the local authority of they reasonably believe that the property has “significant use” as an HMO. The declaration as an HMO can be appealed to the FTT (and from there to the UT) and that appeal operated by way of a re-hearing of that decision.’

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Nearly Legal, 27th January 2016

Source: www.nearlylegal.co.uk

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SDT anonymity ruling “breached principle of open justice”, High Court rules – Legal Futures

A decision by the Solicitors Disciplinary Tribunal (SDT) to grant retrospective anonymity to a solicitor who had only been found guilty of a technical rule breach flouted the principle of open justice, the High Court has ruled.’

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Legal Futures, 18th January 2016

Source: www.legalfutures.co.uk

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Tribunal dismisses challenge to tax charge resulting from use of ‘pension liberation’ scheme – OUT-LAW.com

Posted January 14th, 2016 in income tax, news, pensions, taxation, tribunals by sally

‘Money advanced in the form of a “loan” to the member of a so-called ‘pension liberation’ scheme was a “payment” for the purposes of the tax rules, and therefore subject to a 40% income tax charge and additional surcharge, a tax tribunal has ruled.’

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OUT-LAW.com, 13th January 2016

Source: www.out-law.com

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Upper Tribunal cases on fair hearings in immigration cases – Free Movement

Posted January 13th, 2016 in advocacy, bias, immigration, judiciary, news, professional conduct, tribunals by sally

‘Three recent cases on fair hearings in immigration cases, all from President McCloskey. All make interesting reading.’

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Free Movement, 13th January 2016

Source: www.freemovement.org.uk

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David Bedenham Discusses a Recent FTT Decision Relating to Carbon Credit Missing Trader Fraud and Assessment Time Limits – 11 KBW

Posted January 12th, 2016 in emissions trading, fraud, news, time limits, tribunals by sally

‘Missing trader (or ‘MTIC’) fraud has blighted various trade sectors from mobile phones and CPUs to platinum and carbon credits. It is in the latter sector that we have seen some of the largest denials of input tax based on the Kittel principle.’

Full story

11 KBW, 5th January 2016

Source: www.11kbw.com

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Court of Appeal rules burden for proving sham marriage rests with Home Office – Free Movement

‘The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter remarks of former President Blake in the earlier tribunal case of Entry Clearance Officer, Nicosia v Papajorgji [2012] UKUT 00038 (IAC) (FM post: New case law on meaning of genuine and subsisting marriage).’

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Free Movement, 9th December 2015

Source: www.freemovement.org.uk

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Resolving disputes over arbitration jurisdiction ‘good case management’ by English courts, experts say – OUT-LAW.com

‘By stepping in to resolve a dispute over the tribunal’s jurisdiction rather than leave the question to the tribunal, the English courts have in fact reinforced their commitment to support this form of dispute resolution.’

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OUT-LAW.com, 1st December 2015

Source: www.out-law.com

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Tweet Tweet? #silencingFOIontwitter – Panopticon

Posted November 19th, 2015 in electronic mail, freedom of information, internet, news, tribunals by tracey

‘Is a request for information made in a tweet a valid request within the meaning of sections 1 and 8 FOIA? Not in Ghafoor v Information Commissioner (EA/2015/0140). The FTT held that section 8(1) requires the request for information to be made using the “real name” of the person making it, and that the provision of an address for correspondence must one which is “suitable for correspondence” between the requestor and the public authority about the request.’

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Panopticon, 17th November 2015

Source: www.panopticonblog.com

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Tribunals president urges web-based “expansion of justice” and rationalisation of judiciary – Litigation Futures

Posted November 17th, 2015 in civil justice, criminal justice, internet, judges, news, tribunals by tracey

‘The courts should embrace IT and the internet in ways that improve access to justice and make scarce resources go further, if the values embodied in Magna Carta are to be realised, according to a senior judge.’

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Litigation Futures, 17th November 2015

Source: www.litigationfutures.com

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Probate manager who admitted 140 “improper withdrawals” from client accounts blamed pressure of work – Legal Futures

‘A probate manager who admitting making 140 “improper withdrawals” over a period of 11 years, resulting in a client account shortage of £730,000, has been banned from working for law firms.

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Legal Futures, 17th November 2015

Source: www.legalfutures.co.uk

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Speech by Sir Ernest Ryder: In the Shadow of Magna Carta – Courts and Tribunals Judiciary

Posted November 17th, 2015 in civil justice, courts, criminal justice, internet, judges, magna carta, speeches, tribunals by tracey

‘The Rt Hon Sir Ernest Ryder gave a speech “In the Shadow of Magna Carta” in Washington DC on 13 November 2015.’

Full speech

Courts and Tribunals Judiciary, 13th November 2015

Source: www.judiciary.gov.uk

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Drugs boss who said he ‘only employs beautiful women’ guilty of sexism – Daily Telegraph

Posted November 17th, 2015 in employment, harassment, news, sex discrimination, tribunals, unfair dismissal by tracey

‘The boss behind a banned cancer “wonder drug” has been found guilty of sex discrimination after writing “Red lipstick, heels – good” on his personal assistant’s job application.’

Full story

Daily Telegraph, 17th November 2015

Source: www.telegraph.co.uk

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Meaning of “unduly harsh” in the Immigration Rules – Free Movement

Posted November 16th, 2015 in interpretation, news, regulations, tribunals by sally

‘A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words “unduly harsh” at paragraph 399 of the Immigration Rules.’

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Free Movement, 16th November 2015

Source: www.freemovement.org.uk

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Yes you can discriminate against a company (but you shouldn’t!) – No. 5 Chambers

‘How odd, you might think. A company can suffer a detriment under the Equality Act 2010 and so bring a claim for direct discrimination. Yet a company is impersonal and protected characteristics are highly personal that only individuals can have. How can that be?’

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No. 5 Chambers, 8th October 2015

Source: www.no5.com

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Adoptions from Abroad: Article 8 Fails to Assist – UK Human Rights Blog

Posted November 12th, 2015 in adoption, appeals, children, families, human rights, immigration, news, tribunals by sally

‘A child (SM) who was adopted in Algeria by a French couple living in the UK was refused an application for a right of entry as a family member. Having been overturned in the Upper Tribunal, the Entry Clearance Officer (ECO) successfully appealed to the Court of Appeal. SM was not, the court held, a family member of Mr M. A keen human rights observer might think this was an apparent infringement of article 8 ECHR (the right to family life).’

Full story

UK Human Rights Blog, 12th November 2015

Source: www.ukhumanrightsblog.com

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Guidance on appealing Upper Tribunal costs decisions to the Court of Appeal – Free Movement

Posted November 10th, 2015 in appeals, costs, judicial review, law firms, news, tribunals by sally

‘President McCloskey gives guidance on appealing Upper Tribunal costs decisions to the Court of Appeal in the case of R (on the application of Soreefan and Others) v Secretary of State for the Home Department (judicial review – costs – Court of Appeal) [2015] UKUT 594 (IAC).’

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Free Movement, 10th November 2015

Source: www.freemovement.org.uk

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New Country Guidance case on Afghan Sikhs – Free Movement

‘At long last the long awaited new Country Guidance case on Sikhs from Afghanistan is out. The case is TG and others (Afghan Sikhs persecuted) (CG) [2015] UKUT 595 (IAC).’

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Free Movement, 9th November 2015

Source: www.freemovement.org.uk

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Interception, Authorisation and Redress in the Draft Investigatory Powers Bill – UK Human Rights Blog

Posted November 5th, 2015 in bills, interception, investigatory powers, news, tribunals, warrants by sally

‘The Government has published a draft Bill on Investigatory Powers that it hopes to see through Parliament within a year. If it becomes law, the Investigatory Powers Bill will replace much, but not all, of the Regulation of Investigatory Powers Act 2000, as well as the Data Retention and Investigatory Powers Act 2014.’

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UK Human Rights Blog, 5th November 2015

Source: www.ukhumanrightsblog.com

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Wales – it’s just more appealing – Nearly Legal

Posted November 5th, 2015 in appeals, civil procedure rules, housing, news, tribunals, Wales by sally

‘Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC) depending on whether the case started in England or Wales.’

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Nearly Legal, 5th November 2015

Source: www.nearlylegal.co.uk

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IPT rules on interception of Parliamentarians’ communications – UK Human Rights Blog

Posted October 20th, 2015 in interception, investigatory powers, news, parliament, tribunals by sally

‘If parliamentarians are seen to be taking a more forensic interest in matters of surveillance in the coming weeks and months, the reason is unlikely to be purely down to the publication of the greatly anticipated surveillance legislation. Last week’s Investigatory Powers Tribunal judgment has sent ripples of discontent through both Houses of Parliament, evidenced in immediate calls for an emergency debate on the subject (scheduled to take place in the House of Commons later today).’

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UK Human Rights Blog, 19th October 2015

Source: www.ukhumanrightsblog.com

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