Council appeals to Court of Appeal in dispute over houses in multiple occupation and bedroom sizes – Local Government Lawyer

Posted May 25th, 2016 in appeals, housing, local government, news, tribunals by sally

‘Nottingham City Council has applied to the Court of Appeal for permission to appeal after the Upper Tribunal dismissed its challenge to terms of Houses in Multiple Occupation (HMO) licences that restricted the occupation of bedrooms to a particular type of occupier.’

Full story

Local Government Lawyer, 23rd May 2016

Source: www.localgovernmentlawyer.co.uk

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Doctor cleared of failing to tell cancer patient her condition was terminal – The Guardian

‘A doctor at the centre of sports doping allegations has been cleared of failing to tell a cancer patient her condition was terminal.’

Full story

The Guardian, 24th May 2016

Source: www.guardian.co.uk

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Civil Justice Council decides against new housing court – Litigation Futures

‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’

Full story

Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

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High Court rejects Barnett’s appeal against strike-off – Legal Futures

‘The High Court has rejected an appeal by Richard Barnett, senior partner of collapsed conveyancing firm Barnetts, against his striking-off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 19th May 2016

Source: www.legalfutures.co.uk

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How the other half live – Nearly Legal

Posted May 16th, 2016 in costs, news, taxation, tribunals by sally

‘Eclipse Film Partners v HMRC [2016] UKSC 24 has almost nothing to do with housing law. It was an appeal from the First Tier Tribunal (Tax Chamber), via the UT (TCC) and the CA. It wasn’t even about the substantive issues in the case, rather, it was about who should pay for the costs of the bundles (which cost over £215,000 to produce – more than 700 files in the trial bundle!).’

Full story

Nearly Legal, 12th May 2016

Source: www.nearlylegal.co.uk

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Tate to face information tribunal over payments from BP – The Guardian

Posted May 9th, 2016 in budgets, disclosure, energy, environmental protection, news, tribunals by sally

‘Tate will come under fire again over its relationship with fossil fuel companies when it is forced to defend its refusal to disclose details of financial payments made to it by BP.’

Full story

The Guardian, 8th May 2016

Source: www.guardian.co.uk

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Tribunal “appalled and dismayed” by SRA’s approach to prosecuting solicitor – Legal Futures

Posted May 6th, 2016 in accounts, disciplinary procedures, news, solicitors, tribunals by tracey

‘The Solicitors Disciplinary Tribunal (SDT) has slammed a prosecution by the Solicitors Regulation Authority (SRA) in the strongest terms, saying it was “appalled and dismayed” that the regulator had asked it to “rubber stamp” a deal which saw charges of dishonesty dropped at the last minute after the solicitor involved admitted lesser allegations.’

Full story

Legal Futures, 6th May 2016

Source: www.legalfutures.co.uk

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Age assessment and litigation fairness – Local Government Lawyer

Posted May 3rd, 2016 in appeals, children, immigration, news, social services, tribunals by tracey

‘The Court of Appeal has handed down a wide-reaching judgment that directly concerns age assessment cases, but the principles enunciated apply to all litigation (private and public), writes Peter Oldham QC.’

Full story

Local Government Lawyer, 28th April 2016

Source: www.localgovernmentlawyer.co.uk

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Asylum court fee hike makes access to justice a “luxury” for the few – The Bar Council

Posted April 28th, 2016 in asylum, barristers, civil justice, fees, immigration, press releases, tribunals by tracey

‘Plans put forward by the Ministry of Justice yesterday to increase fees for those seeking justice through the Immigration and Asylum tribunal system by 500% is yet another step towards putting access to justice beyond the means of those who most need it, warns the Bar Council.’

Full press release

The Bar Council, 28th April 2016

Source: www.barcouncil.org.uk

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Immigration tribunal can appoint litigation friend despite no provision in the rules – Free Movement

‘In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there is no provision to do so in the procedure rules, nor indeed in the statutory underpinnings of the tribunal.’

Full story

Free Movement, 27th April 2016

Source: www.freemovement.org.uk

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Location, Location, Registration – Tanfield Chambers

Posted April 26th, 2016 in boundaries, land registration, news, tribunals by sally

‘Two recent cases of the Upper Tribunal indicate clear differences in judicial opinion as to the jurisdiction of the Land Registration Division of the First Tier Tribunal (1) to make general findings as to the location of boundaries of registered titles and (2) to direct the Registrar to make entries in the Register reflecting those findings when those findings do not reflect an application that has been made for registration of a determined boundary.’

Full story

Tanfield Chambers, 21st April 2016

Source: www.tanfieldchambers.co.uk

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VAT and service charges: indivisible or not indivisible-is that the question? – Tanfield Chambers

Posted April 26th, 2016 in appeals, landlord & tenant, news, service charges, tribunals, VAT by sally

‘This article gives consideration of the decision of the Upper Tribunal (Lands Chamber) in Janine Ingram v Church Commissioners for England [2015] UKUT.’

Full story

Tanfield Chambers, 26th April 2016

Source: www.tanfieldchambers.co.uk

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Asylum and immigration court fees set to rise by over 500% – The Guardian

‘Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.’

Full story

The Guardian, 21st April 2016

Source: www.guardian.co.uk

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Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination – Free Movement

‘President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office evidence suffered from “multiple frailties and shortcomings” and that the two witnesses produced by the Home Office were unimpressive. In short, the Home Office failed by a significant margin to prove the alleged fraud.’

Full story

Free Movement, 25th April 2016

Source: www.freemovement.org.uk

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UK spy agencies have collected bulk personal data since 1990s, files show – The Guardian

‘Britain’s intelligence agencies have been secretly collecting bulk personal data since the late 1990s and privately admit they have gathered information on people who are “unlikely to be of intelligence or security interest”.’

Full story

The Guardian, 21st April 2016

Source: www.guardian.co.uk

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Judge concerned at council tax enforcement and Valuation Tribunal appeals uncertainty – Local Government Lawyer

Posted April 20th, 2016 in bankruptcy, council tax, enforcement, news, tribunals, valuation by sally

‘A High Court judge has expressed concern at “the substantial degree of uncertainty that exists” in relation to how the courts, both magistrates and the bankruptcy county court, should deal with the enforcement of domestic council tax liability orders in the context of the availability of the remedy by way of appeal to the Valuation Tribunal.’

Full story

Local Government Lawyer, 19th April 2016

Source: www.localgovernmentlawyer.co.uk

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Third ‘fast track’ abuse of dominant position claim filed with Competition Appeal Tribunal – OUT-LAW.com

Posted April 19th, 2016 in appeals, competition, Law Society, news, tribunals by sally

‘A third claim alleging anti-competitive behaviour using a new ‘fast track’ procedure has been filed with the Competition Appeal Tribunal (CAT), showing a “pattern” of such cases beginning to emerge, an expert has said.’

Full story

OUT-LAW.com, 14th April 2016

Source: www.out-law.com

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Theresa May barred from deporting six men to Algeria over torture concerns – The Independent

‘The Government has been barred from deporting six men to Algeria because there is a “real risk” they could be tortured there, judges have ruled.’

Full story

The Independent, 18th April 2016

Source: www.independent.co.uk

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The Equality Act and Regulators – Which Forum? – Littleton Chambers

Posted April 14th, 2016 in appeals, courts, doctors, employment tribunals, equality, news, tribunals by sally

‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’

Full story

Littleton Chambers, 24th March 2016

Source: www.littletonchambers.com

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Susskind: online court is just the beginning – Law Society’s Gazette

‘The proposed online court is a “pragmatic first step” on the road to a fully integrated online and conventional court service, an influential body has predicted. Professor Richard Susskind (pictured), who leads a panel of experts on digital dispute resolution, said proposals by Lord Justice Briggs for an online court for small claims were to be welcomed.’

Full story

Law Society’s Gazette, 9th April 2016

Source: www.lawgazette.co.uk

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