Judge criticises Home Office errors in Palestinian refugee’s visa case – The Guardian

‘The home secretary has given an “unreserved and unqualified apology” to a Palestinian refugee for “serious errors” made in relation to her student visa application.’

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The Guardian, 13th February 2024

Source: www.theguardian.com

Brand new guide to help public easily access court hearings – Ministry of Justice

Posted January 2nd, 2024 in civil justice, courts, criminal justice, Ministry of Justice, news, tribunals by tracey

‘People are being encouraged to see how justice is done in courtrooms with the publication of a new and simple “how to” guide for attending court hearings today.’

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Ministry of Justice, 30th December 2023

Source: www.gov.uk

Doctor who sexually harassed nurses to stay in work – BBC News

‘A hospital doctor who admitted sexually harassing two nurses should not be suspended, a High Court judge has ruled.’

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BBC News, 18th December 2023

Source: www.bbc.co.uk

Government offers hope of full PACCAR solution in the future – Legal Futures

‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’

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Legal Futures, 15th December 2023

Source: www.legalfutures.co.uk

CAT “wrong” to identify ban on defendants contacting claimants directly – Legal Futures

Posted December 11th, 2023 in appeals, class actions, competition, consumer protection, news, tribunals by tracey

‘The Competition Appeal Tribunal (CAT) was wrong to identify a rule that prevents defendants communicating directly with legally represented members of an opt-out class action, the Court of Appeal has ruled.’

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Legal Futures, 11th December 2023

Source: www.legalfutures.co.uk

Refusal of tribunal to adjourn for aftercare evidence was “kicking the can down the road”, Upper Tribunal finds – Local Government Lawyer

Posted November 28th, 2023 in adjournment, detention, evidence, mental health, news, tribunals by tracey

‘The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.’

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Local Government Lawyer, 27th November 2023

Source: www.localgovernmentlawyer.co.uk

Doctor’s suspension after questioning the severity of Covid 19 did not breach his Article 10 rights – UK Human Rights Blog

Posted November 21st, 2023 in appeals, coronavirus, disciplinary procedures, doctors, human rights, news, tribunals by sally

‘This was an appeal by a doctor against a decision of the medical practitioners’ tribunal that he was guilty of misconduct. He also appealed against the tribunal’s decision to suspend his registration for six months.’

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UK Human Rights Blog, 20th November 2023

Source: ukhumanrightsblog.com

The Building Safety Act 2022 – Remediation Contribution Orders and Cost Recovery – Falcon Chambers

‘One of the things that may be surprising about remediation orders and remediation contribution orders, both potentially expensive pieces of litigation that leaseholders may be forced to pursue, is that the FtT’s jurisdiction on costs is the “no costs” jurisdiction under rule 13 of its Rules. Costs (beyond payment of application fees) can only be awarded by the FtT if a party has behaved unreasonably, a high threshold, or for wasted costs (likewise). Although the Building Safety Act 2022 did not expressly say that the FtT was to have this no costs jurisdiction (rather than its costs jurisdictions for example in relation to its Land Registration or telecoms), amendments to the Rules from 1 November 2022 make express which jurisdictions can have real cost implications. The new Building Safety Act jurisdictions are not included.’

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Falcon Chambers, 18th September 2023

Source: www.falcon-chambers.com

‘Major milestone’: CAT to rule on collective action settlement – Law Society’s Gazette

Posted October 13th, 2023 in appeals, class actions, competition, news, tribunals by tracey

‘A “pioneering” £1.5m settlement has been agreed in a car delivery charges opt-out claim which the Competition Appeal Tribunal will now need to approve – potentially a first for the tribunal in a collective action.’

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Law Society’s Gazette, 12th October 2023

Source: www.lawgazette.co.uk

Law Society urges reform of “outdated” mental health legislation – Local Government Lawyer

Posted October 12th, 2023 in bills, civil justice, Law Society, mental health, news, tribunals by sally

‘The Law Society has called for urgent reforms to the Mental Health Act, which it has described as “outdated”.’

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Local Government Lawyer, 11th October 2023

Source: www.localgovernmentlawyer.co.uk

London borough accused appellants of fraud with “no adequate evidence”, tribunal finds – Local Government Lawyer

Posted October 3rd, 2023 in forgery, fraud, local government, London, news, penalties, road traffic, tribunals by sally

‘A London Tribunal has ordered a penalty charge notice (PCN) to be cancelled after finding the London Borough of Newham accused the appellants of forging defective PCNs “with no adequate evidence to support the allegation”.’

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Local Government Lawyer, 2nd October 2023

Source: www.localgovernmentlawyer.co.uk

Local authority challenges Tribunal costs awards decision following specialist school legal battle – Local Government Lawyer

‘East Sussex County Council has submitted a request for permission to appeal a decision ordering it to pay school fees costs to the family of a young autistic boy.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils accused of “wasting” £60m in a year on tribunal battles over support for children with special educational needs – Local Government Lawyer

‘Councils wasted £60 million in a year on “unsuccessful court disputes” with parents and carers seeking support for children and young people with special educational needs and disabilities (SEND), according to research by Pro Bono Economics, commissioned by the Disabled Children’s Partnership.’

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Local Government Lawyer, 27th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils ‘wasting millions’ on special educational needs legal disputes – The Independent

‘Councils in England have been accused of “wasting” millions of pounds in court disputes with parents and carers over disability and educational support for their children.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

Speech by Judge Barry Clarke: Discrimination in Employment/Industrial Courts – Courts and Tribunals Judiciary

Posted September 22nd, 2023 in courts, employment, equality, judges, news, tribunals, unfair dismissal by tracey

‘Speech by Judge Barry Clarke: Discrimination in Employment/Industrial Courts.’

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Courts and Tribunals Judiciary, 18th September 2023

Source: www.judiciary.uk

Upper Tribunal leasehold cases – Nearly Legal

Posted September 18th, 2023 in housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘Brief notes on some recent Upper Tribunal cases.’

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Nearly Legal, 17th September 2023

Source: nearlylegal.co.uk

Judges criticise Mastercard fees of 70% above guideline rates – Law Society’s Gazette

Posted September 14th, 2023 in class actions, competition, costs, fees, news, solicitors, tribunals by tracey

‘Judges in the Competition Appeal Tribunal have taken a scythe to costs claims where solicitors were charging as much as 70% above the guideline hourly rate in a high profile group action.’

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Law Society's Gazette, 12th September 2023

Source: www.lawgazette.co.uk

Beware of the CAT – Competition Bulletin

Posted September 5th, 2023 in class actions, competition, news, tribunals by sally

‘Has the CAT turned full circle in its approach to collective proceedings orders (CPOs)?’

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Competition Bulletin, 2nd September 2023

Source: competitionbulletin.com

Court of Appeal hands down judgment in the Trucks Collective Proceedings: Conflicts of Interest, Rival CPO Applications, and Jurisdiction to Appeal – Henderson Chambers

‘On 25 July 2023, the Court of Appeal handed down its judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. The appeal raised important issues in the continued development of the collective proceedings regime, including as to how conflicts of interest within a class might be addressed, the willingness of the Court of Appeal to interfere with the Competition Appeal Tribunal’s (“CAT”) assessment of two rival applications for a collective proceedings order (“CPO”), and the scope of the statutory jurisdiction to appeal. The judgment is accessible here.’

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Henderson Chambers, 28th July 2023

Source: www.hendersonchambers.co.uk

Top 3 Cases – Falcon Chambers

Posted August 25th, 2023 in appeals, chambers articles, leases, news, telecommunications, tribunals by sally

‘In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month, the Court of Appeal have been busy and we were spoilt for choice! We’ve selected cases on concurrent leases under the telecoms Code, receivership, and the ability to challenge a decision by the Upper Tribunal to refuse permission to appeal from the First-tier Tribunal.’

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Falcon Chambers, 1st August 2023

Source: www.falcon-chambers.com