Insufficient evidence to back employment tribunal fees in current form, MPs say – OUT-LAW.com

Posted June 23rd, 2016 in employment tribunals, fees, news, select committees, tribunals by sally

‘”Substantial changes” to the current employment tribunal fee regime are required if an appropriate balance is to be struck between meeting some of the costs of operation and maintaining access to justice, according to an influential committee of MPs.’

Full story

OUT-LAW.com, 22nd June 2016

Source: www.out-law.com

Comments Off on Insufficient evidence to back employment tribunal fees in current form, MPs say – OUT-LAW.com

MPs castigate government over court and tribunal fee rises – Litigation Futures

‘MPs have hit out at the government’s approach to increasing court fees, with major changes needed to restore an “acceptable level of access to the employment tribunals”, and also urged ministers not to introduce any more civil court fee rises until there is research into the impact of what has been done to date, particularly on London’s competitiveness as a litigation centre.’

Full story

Litigation Futures, 20th June 2016

Source: www.litigationfutures.co.uk

Comments Off on MPs castigate government over court and tribunal fee rises – Litigation Futures

Mattress foam cartel claim not suitable for fast-track damages procedure, CAT rules – OUT-LAW.com

Posted June 21st, 2016 in competition, damages, news, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has refused an application by six English mattress makers to use its new fast-track procedure (FTP) to claim damages for anti-competitive behaviour, given the complexity of the underlying issues.’

Full story

OUT-LAW.com, 20th June 2016

Source: www.out-law.com

Comments Off on Mattress foam cartel claim not suitable for fast-track damages procedure, CAT rules – OUT-LAW.com

Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

Full story

The Independent, 20th June 2016

Source: www.independent.co.uk

Comments Off on Employment tribunal fees ‘will deny workers justice’ – The Independent

Hold Me Close, I’m an Academic – Panopticon

‘If I am an extremely well-regarded academic at Cambridge (don’t snigger at the back, I could be) and due to my eminence I do some unpaid voluntary work for a major international group (here, the Inter-Governmental Panel on Climate Change), the work in relation to which I do over my university email account, are those emails held by the University under the Environmental Information Regulations 2004 (“EIR”)?’

Full story

Panopticon, 10th June 2016

Source: www.panopticonblog.com

Comments Off on Hold Me Close, I’m an Academic – Panopticon

Economic complexity: CAT vs High Court – Competition Bulletin from Blackstone Chambers

‘One of the advantages of the Competition Appeal Tribunal is said to be the fact that its three-member panel typically includes an economist. But is that really such a big advantage over the High Court?’

Full story

Competition Bulletin from Blackstone Chambers, 9th June 2016

Source: www.competitionbulletin.com

Comments Off on Economic complexity: CAT vs High Court – Competition Bulletin from Blackstone Chambers

Court refuses to declare arbitration agreement ineffective before proceedings begin – OUT-LAW.com

Posted June 9th, 2016 in arbitration, jurisdiction, news, tribunals by sally

‘It would be “wrong in principle” for the High Court to rule on the existence of a valid arbitration agreement between two companies ahead of any actual proceedings, as this would deny the arbitral tribunal the power to rule on its own jurisdiction, a judge has found.’

Full story

OUT-LAW.com, 8th June 2016

Source: www.out-law.com

Comments Off on Court refuses to declare arbitration agreement ineffective before proceedings begin – OUT-LAW.com

Singh v Secretary of State for the Home Department – WLR Daily

Posted June 8th, 2016 in appeals, bias, law reports, professional conduct, tribunals by sally

Singh v Secretary of State for the Home Department [2016] EWCA Civ 492

‘When a party seeks to appeal to the Upper Tribunal on the grounds that there had been bias or misconduct on the part of the First-tier Tribunal, the following guidance should be followed. (1) Any application for permission to appeal, if based (in whole or part) on such a ground, should be closely scrutinised. Such an allegation, if to be sufficient to merit the grant of permission at all, should ordinarily be expected to be properly particularised and appropriately evidenced. (2) If an allegation of bias or misconduct is raised which is adjudged sufficient to merit the grant of permission to appeal then it should be normal practice for the Upper Tribunal thereafter to obtain the written comments of the judge concerned. (3) Such written comments of the judge, where obtained, should be provided to the parties for the purposes of the appeal hearing in the Upper Tribunal. In addition, any such written comments should be retained on the file pending any possible further appeal to the Court of Appeal. (4) There may be some cases where it may be necessary to obtain the tribunal judge’s own note or record of the entire hearing since proceedings in the First-tier Tribunal are not ordinarily recorded and no transcript of the hearing will be available. (5) It will normally be likely to be of assistance to the Upper Tribunal to know what the advocate for the respondent has to say as to what happened or what was said before the First-tier Tribunal. Providing such observations is more likely to help produce a fuller and accurate picture of what actually happened or was said in the First-tier Tribunal. Where the advocate does not have a precise note or recollection, the Upper Tribunal can be told. (6) Whether oral evidence is needed at the hearing of the appeal on the issue of what happened or what was said below should be carefully considered by the parties. (7) It is likely to be important in appeals of this nature for the file to be reviewed and any directions given by an Upper Tribunal judge in good time before the substantive appeal hearing (para 53).’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk

Comments Off on Singh v Secretary of State for the Home Department – WLR Daily

Winterburn and another v Bennett and another – WLR Daily

Posted June 8th, 2016 in appeals, easements, law reports, parking, prescription, rights of way, tribunals by sally

Winterburn and another v Bennett and another [2016] EWCA Civ 482

‘The claimant owners of a fish and chip shop claimed as a result of use over a number of years to have acquired by prescription the right for themselves and others using their premises to park on land comprising part of a car park belonging to the defendants. The defendants’ premises, which were next to the car park, had been used as a club and users of those premises used the car park. The entrance to the car park was adjacent to the claimants’ shop. The claimants had operated the shop from about 1987 or 1988 until 2012. Throughout that time, their suppliers had up to nine times a week pulled off the road into the disputed part of the car park and parked there for long enough to make their deliveries, and their customers had parked on the disputed land while they bought their fish and chips. On the whole that use of part of the car park did not interfere with the s’ operations but over a seven-year period there were 12 to 15 occasions on which the defendants asserted ownership of the disputed land, and, expressly or impliedly, asserted that the claimants and their suppliers and customers had no right to park on it. At all times until 2007 there was a sign attached to the wall of the building on one side of the entranceway to the car park, erected on behalf of the defendants, stating “Private car park. For the use of Club patrons only. By order of the Committee”, and a similar sign in the window of the club premises. The claimants claimed that their right to park, acquired by prescription by “lost modern grant”, had been established by their 20 years’ uninterrupted user “as of right”, namely, without force, without secrecy and without permission. The First-tier Tribunal found that, although the two signs were clearly visible, they were insufficient to prevent the claimants from acquiring the claimed parking rights. The Upper Tribunal allowed the defendants’ appeal, reversing that finding.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

Comments Off on Winterburn and another v Bennett and another – WLR Daily

Home Office unlawfully imposes curfew on migrant – Free Movement

Posted June 6th, 2016 in appeals, bail, deportation, immigration, news, tribunals by sally

‘Gedi, R (On the Application Of) v Secretary of State for Home Department [2016] EWCA Civ 409 (17 May 2016) is a case where the Home Office took it into their own hands to impose curfew restrictions over and above bail conditions those imposed by the First Tier Tribunal, as well as those they are entitled to impose as afforded to the Home Office by statute. The Court of Appeal were clear they had no such power to do so.’

Full story

Free Movement, 6th June 2016

Source: www.freemovement.org.uk

Comments Off on Home Office unlawfully imposes curfew on migrant – Free Movement

Deferment Rate Revisited – Tanfield Chambers

Posted June 2nd, 2016 in enfranchisement, housing, leases, news, tribunals, valuation by sally

‘The deferment rate is a key input in every enfranchisement claim whether it relates to the enfranchisement of a house, block of flats or the extension of a flat lease. The current deferment rate was set by the Lands Tribunal in Earl Cadogan v Sportelli [2007] 1 EGLR 153. This article explains what the deferment rate is and how the Tribunal arrived at the value which has been universally adopted since the decision in Sportelli. It then explores the status of the decision in Sportelli and asks whether it is time to re-set the deferment rate. The last part of the article looks at deferment rates for shorter leases.’

Full story

Tanfield Chambers, 31st May 2016

Source: www.tanfieldchambers.co.uk

Comments Off on Deferment Rate Revisited – Tanfield Chambers

Employment tribunal cases withdrawn over ‘off-putting’ fees – Law Society’s Gazette

Posted June 2nd, 2016 in employment tribunals, fees, news, tribunals by sally

‘While employment lawyers await the outcome of a government review of employment tribunal fees, research by a conciliatory body suggests one in five cases were withdrawn as a result of the ‘off-putting’ fees.’

Full story

Law Society’s Gazette, 1st June 2016

Source: www.lawgazette.co.uk

Comments Off on Employment tribunal cases withdrawn over ‘off-putting’ fees – Law Society’s Gazette

Disabled man born after incest rape wins right to claim compensation – BBC News

‘A man born with severe disabilities after his mother was raped by her father has won the right to claim compensation.’

Full story

BBC News, 1st June 2016

Source: www.bbc.co.uk

Comments Off on Disabled man born after incest rape wins right to claim compensation – BBC News

High Court rejects appeal from solicitor who “neither thought nor cared about” the rules – Legal Futures

‘The High Court has rejected an appeal against striking off from a solicitor who “neither thought nor cared about” the rules governing his profession.’

Full story

Legal Futures, 31st May 2016

Source: www.legalfutures.co.uk

Comments Off on High Court rejects appeal from solicitor who “neither thought nor cared about” the rules – Legal Futures

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

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

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

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

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

Comments Off on Civil Justice Council decides against new housing court – Litigation Futures

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).’

Full story

Legal Futures, 19th May 2016

Source: www.legalfutures.co.uk

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

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

Comments Off on How the other half live – Nearly Legal

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

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