Former Times lawyer loses appeal against SDT – Law Society’s Gazette

‘A former legal director of Times Newspapers Ltd was guilty of “recklessly” rather than “knowingly” misleading the court in relation to litigation over revelations about the “NightJack” blogger, the High Court has ruled.’

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Law Society’s Gazette, 12th September 2014

Source: www.lawgazette.co.uk

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Hedonic regression and relativity – NearlyLegal

Posted September 8th, 2014 in compensation, enfranchisement, leases, news, tribunals by sally

‘The question of the use of hedonic regression in the calculation of relativity is, I suspect, not breakfast table conversation for some of our readers even if it would appear that in the bars of Chelsea they talk of nothing else. The Upper Tribunal’s decision in Re: 47 Phillimore Gardens (available on the Upper Tribunal website) is all about exactly that topic and I think it is an important one. I will therefore try to unpack with my apologies to those readers for whom most of this is obvious.’

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NearlyLegal, 4th September 2014

Source: www.nearlylegal.co.uk

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Legal Update: disclosure, formats and context – Law Society’s Gazette

‘Disclosure of information about children, pursuant to a request under the Freedom of Information Act 2000 (FoI), is always a difficult issue and the natural reaction of public authorities is to err on the side of caution.’

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Law Society’s Gazette, 1st September 2014

Source: www.lawgazette.co.uk

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First-tier Tribunal holds that there is no taxable supply where there is no obligation on a subsidiary company which was receiving subsidiary services from the Group parent – Commercial Disputes Blog

Posted August 28th, 2014 in appeals, news, subsidiary companies, taxation, tribunals by sally

‘In Norseman Gold plc v HMRC[1] the First-tier Tribunal (Judge Colin Bishopp) (“FTT”) dismissed an appeal by Norseman Gold plc (“Norseman”) against assessments made pursuant to section 73 VATA 1994 to recover input tax which had been claimed by it, on the basis that as Norseman had not imposed a charge for its services to its subsidiary companies, there was no taxable supply, for which the company could recover the VAT incurred.’

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Commercial Disputes Blog, 27th August 2014

Source: www.rpc.co.uk

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Bedroom tax and human rights FTT miscellany – NearlyLegal

Posted August 26th, 2014 in appeals, benefits, disabled persons, human rights, news, social security, tribunals by tracey

‘No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on tenancy agreements.’

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NearlyLegal, 24th August 2014

Source: www.nearlylegal.co.uk

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Costs and forfeiture – NearlyLegal

Posted August 21st, 2014 in costs, forfeiture, landlord & tenant, news, tribunals by tracey

‘Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber).’

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NearlyLegal, 21st August 2014

Source: www.nearlylegal.co.uk/blog/

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Tribunals to rule on disputes over re-use of public sector information – OUT-LAW.com

Posted August 21st, 2014 in data protection, EC law, news, tribunals by tracey

‘Information rights tribunals will be able to provide binding rulings on public bodies’ re-use of non-personal information under new plans unveiled by the UK government’

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OUT-LAW.com, 20th August 2014

Source: www.out-law.com

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Judges could hear information rights tribunal cases on their own – OUT-LAW.com

‘Judges could determine the outcome of some information rights tribunal cases on their own in future under just-published proposals.’

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OUT-LAW.com, 19th August 2014

Source: www.out-law.com

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UK taxpayer faces £220m bill over e-borders contract termination – The Guardian

Posted August 19th, 2014 in contracts, damages, government departments, news, tribunals by tracey

‘The taxpayer has been left to foot a £220m bill after a tribunal ruled that a government contract awarded to a US defence firm to deliver the e-borders programme was unlawfully terminated.’

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The Guardian, 19th August 2014

Source: www.guardian.co.uk

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Barrister cleared of misconduct because of ombudsman’s “failure to co-operate” – Legal Futures

‘The Bar Disciplinary Tribunal has told the Legal Ombudsman that “co-operation is a two-way process”, in a case involving a failure to share information with the lawyer who was the subject of a complaint.’

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Legal Futures, 19th August 2014

Source: www.legalfutures.co.uk

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Information Tribunal Consultation – Panopticon

Posted August 18th, 2014 in consultations, judiciary, news, tribunals by tracey

‘The Senior President of Tribunals, Sullivan LJ, has launched a consultation paper on altering the composition of the First-tier Tribunal (General Regulatory Chamber) in some Information Rights cases. With the support of GRC Chamber President, Judge Warren, it is proposed to remove the requirement that a judge sit with two non-legal members and allow the Chamber President flexibility to direct that certain cases be heard by a judge alone.’

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Panopticon, 18th August 2014

Source: www.panopticonblog.com

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Care workers take Hampshire home employers to tribunal over pay and working hours – The Guardian

‘Eleven female carers to the elderly are taking their employers to a tribunal claiming they were only paid by the minutes they spent with clients rather than their rostered working hours. The staff, who were on zero-hours contracts, allege that, due to the arrangements, they were paid less than the minimum wage of £6.31 an hour. It is understood that some of the employees at Apex Care in Romsey, Hampshire, where the firm was commissioned to provide the home care service by the council, believe their real hourly wage was close to £3.50.’

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The Guardian, 17th August 2014

Source: www.guardian.co.uk

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Visitors uphold fine for pupillage head who ignored online applications – Legal Futures

‘The Bar’s disciplinary tribunal was right to fine the head of a pupillage committee at a London chambers that ignored 98 online applications, the Visitors to the Inns of Court have ruled.’

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Legal Futures, 11th August 2014

Source: www.legalfutures.co.uk

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Fair or foul: sport and the law – Henderson Chambers

‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’

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Henderson Chambers, 8th July 2014

Source: www.hendersonchambers.co.uk

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Evidence during FOI disputes can be provided in secret, rules Court of Appeal – OUT-LAW.com

‘Public bodies defending a decision to withhold information requested under freedom of information (FOI) laws can submit evidence to an information rights tribunal in secret, the Court of Appeal has ruled.’

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OUT-LAW.com, 4th August 2014

Source: www.out-law.com

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Open justice and freedom of information – Court of Appeal judgment in Browning – Panopticon

Posted August 1st, 2014 in closed material, evidence, freedom of information, news, tribunals by sally

‘Last month I penned a post on the issue of how the principle of natural justice can be reconciled with the use of closed procedures in FOIA appeals. The post was written against the backdrop of the Court of Appeal hearing of the appeal in the Browning case. Today the Court of Appeal has handed down its judgment. Mr Browning’s appeal was dismissed.’

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Panopticon, 30th July 2014

Source: www.panopticonblog.com

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Barristers can be fearless, but they must keep to the rules – The Guardian

‘How fearless can a barrister afford to be when representing a defendant at a criminal trial? That was the question I asked here exactly six months ago. The answer, we learned this week, is not as fearless as Lawrence McNulty was when he represented Munir Farooqi at a terrorist trial in the summer of 2011. A disciplinary tribunal of the inns of court has now convicted McNulty on four charges of professional misconduct arising from Farooqi’s trial, while acquitting the barrister of a fifth’

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The Guardian, 31st July 2014

Source: www.guardian.co.uk

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Browning v Information Commissioner and Another – WLR Daily

Browning v Information Commissioner and Another [2014] EWCA Civ 1050;  [2014] WLR (D) 346

‘The First-tier Tribunal (General Regulatory Chamber) Rules 2009 permitted the tribunal when hearing an appeal against a decision of the Information Commissioner to adopt a closed material procedure in which a party and his legal representatives were excluded from the hearing or part of it.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Discrimination at work goes unpunished as women can’t afford to sue – The Independent

‘Women are being priced out of justice in the workplace, according to figures which show the number of sex discrimination claims brought by women against employers have fallen 80 per cent since court charges were introduced.’

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The Independent, 29th July 2014

Source: www.independent.co.uk

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Supreme Court set to rule on rights of trafficked Nigerian girl – The Independent

‘The UK’s highest court will rule on a landmark decision of whether illegal immigrants should be deprived of fundamental workers’ rights, following the appeal of a Nigerian national who was trafficked into the UK. Judges from the Supreme Court, including Britain’s most senior female judge Lady Hale, will deliver the verdict on Wednesday in a case which could set an important precedent for the rights of workers found to be treated as modern-day slaves.’

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The Independent, 27th July 2014

Source: www.independent.co.uk

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