M&S and hair cut paramedic guilty of misconduct – BBC News

‘A paramedic who left patients in an ambulance while he did some shopping and had his hair cut has been found guilty of misconduct.’

Full story

BBC News, 25th March 2015

Source: www.bbc.co.uk

Comments Off

Canadian domestic abuse victim Sandra Sidey can stay in UK – BBC News

Posted March 24th, 2015 in appeals, deportation, domestic violence, immigration, news, tribunals, victims by sally

‘A Canadian woman who was told she could not stay in Britain after ending her relationship with a violent partner has won indefinite leave to remain.’

Full story

BBC News, 23rd March 2015

Source: www.bbc.co.uk

Comments Off

Fresh grounds and evidence before the CAT – Competition Bulletin from Blackstone Chambers

Posted March 23rd, 2015 in appeals, competition, evidence, news, ombudsmen, telecommunications, tribunals by sally

‘On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights of parties to adduce new grounds and evidence on an appeal, raises important notes of caution to all parties which may wish to appeal or intervene in future cases.’

Full story

Competition Bulletin from Blackstone Chambers, 20th March 2015

Source: www.competitionbulletin.com

Comments Off

Tribunal confirms no penalty for implementing tax avoidance scheme – RPC Tax Take

Posted March 19th, 2015 in news, penalties, tax avoidance, tribunals by sally

‘In the recent case of Herefordshire Property Company Ltd v HMRC1, the First-tier Tribunal (Tax Chamber) (“FTT”) allowed the taxpayer’s appeal against the imposition by HMRC of a penalty, which was based on an allegation of negligent implementation of a tax planning scheme by the taxpayer.’

Full story

RPC Tax Take, 18th March 2015

Source: www.rpc.co.uk

Comments Off

Tribunal finds in favour of property developer who was not trading – RPC Tax Take

Posted March 19th, 2015 in appeals, HM Revenue & Customs, news, rent, tribunals by sally

‘In Terrace Hill (Berkeley) Ltd v HMRC[1], the First-tier Tribunal (“the FTT”) rejected HMRC’s arguments and concluded that a property developer’s activity in relation to the development of an office property was an investment rather than a trading activity and allowed its appeal.’

Full story

RPC Tax Take, 11th March 2015

Source: www.rpc.co.uk

Comments Off

Judges Behaving Badly? – No. 5 Chambers

Posted March 19th, 2015 in employment tribunals, judiciary, news, professional conduct, recusal, tribunals by sally

‘Irvine Maccabe discusses practical issues and strategies to consider in relation to recusal, judicial misconduct and transcripts.’

Full story

No. 5 Chambers, 12th January 2015

Source: www.no5.com

Comments Off

Meaning of “totally without merit” – Free Movement

Posted March 19th, 2015 in civil procedure rules, judicial review, news, tribunals by sally

‘Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether permission should be granted. Lawyers commonly refer to this decision as being “on the papers” because there is no oral hearing.’

Full story

Free Movement, 19th March 2015

Source: www.freemovement.org.uk

Comments Off

The Equality Act 2010: The interplay of the employment and educational protections – No. 5 Chambers

Posted March 18th, 2015 in appeals, education, employment, equality, news, sex discrimination, tribunals by sally

‘In this case the legislative framework at play was the interplay between the education and employment protections in the Equality Act 2010 (‘the Act’). S56(5) was the particular provision under the microscope, which provides that training or guidance covered by s91(within the education provisions of the Act) falls outside the employment services protection afforded by s55; it provides that s56 ‘does not apply in relation to training or guidance for students of an institution to which s91 applies in so far as it is training or guidance to which the governing body of the institution has power to afford access’.’

Full story

No. 5 Chambers, 12th January 2015

Source: www.no5.com

Comments Off

Ryanair says it will fight on after Court of Appeal defeat – Zenith Chambers

Posted March 18th, 2015 in airlines, appeals, competition, mergers, news, tribunals by sally

‘The Court of Appeal has rejected Ryanair’s contention that the Competition Appeal Tribunal was incorrect to uphold the Competition Commission’s order that Ryanair should reduce its stake in Aer Lingus from 28.5 to 5 per cent.’

Full story (PDF)

Zenith Chambers, 16th February 2015

Source: www.zenithchambers.co.uk

Comments Off

High Court confirms finality of tobacco settlement in failed OFT case – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, news, penalties, smoking, time limits, tribunals by sally

‘A party that had paid reduced penalties through the UK’s early resolution procedure could not appeal the penalties after the competition authority’s case had collapsed and following successful appeals by other parties to the investigation.’

Full story (PDF)

Zenith Chambers, 2nd February 2015

Source: www.zenithchambers.co.uk

Comments Off

End of the line for Eurotunnel ferry service as CAT scuppers appeal – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, mergers, news, ships, transport, tribunals by sally

‘Eurotunnel began its cross-Channel ferry service in August 2012 using assets acquired from Sea France after its liquidation in 2011. The transaction was blocked by the Competition Commission in 2013 because it gave Eurotunnel too strong a presence in the cross-channel transportation market. In its 9 January 2015 judgment the Competition Appeal Tribunal dismissed Eurotunnel’s appeal against the decision by the CMA to prohibit the deal for a second time. The judgment is significant when viewed against a background of trades in distressed assets in Europe and internationally. It merits a careful reading for parties seeking to realise value from company liquidations.’

Full story (PDF)

Zenith Chambers, 13th January 2015

Source: www.zenithchambers.co.uk

Comments Off

Backdating welfare benefits payments to those recognised as refugees in the UK – Free Movement

Posted March 12th, 2015 in appeals, asylum, benefits, news, refugees, social security, tribunals by sally

‘In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payments of welfare benefits to those asylum seekers who, upon inquiry, are found to be refugees.’

Full story

Free Movement, 12th March 2015

Source: www.freemovement.org.uk

Comments Off

Visitor appeal succeeds on human rights grounds – Free Movement

Posted March 11th, 2015 in appeals, asylum, human rights, immigration, married persons, news, tribunals by tracey

‘In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle of the scything of full rights of appeal for everyone else, President McCloskey has turned his attention to the question of the relevance of compliance with the Immigration Rules to a human rights appeal. The answer is that where a person meets the terms of the Immigration Rules, their appeal will normally fall to be allowed on human rights grounds, assuming that human rights are engaged in some way in the first place.’

Full story

Free Movement, 10th March 2015

Source: www.freemovement.org.uk

Comments Off

Number of judicial review applications falls from 15,600 to 4,000 – Litigation Futures

Posted March 10th, 2015 in civil justice, immigration, judicial review, news, statistics, tribunals by tracey

‘The number of judicial review applications lodged at the High Court fell from 15,600 to just 4,062 last year – caused mainly, but not entirely by the transfer of immigration and asylum cases to the Upper Tribunal.’

Full story

Litigation Futures, 10th March 2015

Source: www.litigationfutures.com

Comments Off

Blakesley v Secretary of State for Work and Pensions – WLR Daily

Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141; [2015] WLR (D) 96

‘The Government was not obliged to make lump sum payments to successful applicants for asylum representing the difference between the support they received while their application was being processed and mainstream benefits.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

Comments Off

Why is the immigration tribunal so uniquely impervious to modernity? – Free Movement

‘In a recent determination, the President of the Upper Tribunal suggested that documents and submissions could be sent electronically to the tribunal in order to facilitate efficient justice:

“…parties and their representatives are strongly encouraged to communicate electronically with the Tribunal and, further, to seek confirmation that important communications and/or attachments have been received.”‘

Full story

Free Movement, 26th February 2015

Source: www.freemovement.org.uk

Comments Off

Quite like a whale – Panopticon

‘As my colleague Robin Hopkins has warned, the decision of the Upper Tribunal in Fish Legal looks like a pretty big beast: sixty pages on whether water companies are public authorities for the purposes of the Environmental Information Regulations, applying the CJEU’s lengthy ruling on the points of principle (for which, see this post by Chris Knight).’

Full story

Panopticon, 24th February 2015

Source: www.panopticonblog.com

Comments Off

“Horse play” – Tribunal concludes that racehorse ownership was a gamble and not a trade and rejects the taxpayer’s loss relief claim – RPC Tax Take

Posted February 19th, 2015 in gambling, horse racing, news, taxation, tribunals by sally

‘In recent years, there has been a seemingly unending string of cases relating to whether certain activities constitute trading. Ewan Leslie James McMorris v HMRC[1]is the latest case to consider the circumstances in which a taxpayer may deduct losses incurred from his other income under section 64, Income Tax Act 2007 (ITA).’

Full story

RPC Tax Take, 13th February 2015

Source: www.rpc.co.uk

Comments Off

UK admits unlawfully monitoring legally privileged communications – The Guardian

‘The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.’

Full story

The Guardian, 18th February 2015

Source: www.guardian.co.uk

Comments Off

Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others – WLR Daily

Posted February 18th, 2015 in law reports, service out of jurisdiction, taxation, tribunals, witnesses by sally

Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others [2015] WLR (D) 69

‘The First-tier Tribunal Tax Chamber had no jurisdiction to issue witness summonses addressed to prospective witnesses who had no presence in the jurisdiction.’

WLR Daily, 12th February 2015

Source: www.iclr.co.uk

Comments Off