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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Academies and FOI – Panopticon

Posted July 17th, 2014 in education, freedom of information, news, tribunals by tracey

‘The question of whether information is ‘held’ by a public authority for FOIA or EIR purposes can raise difficulties. This is especially so where the boundaries between public and private service provision are blurred: consider outsourcing, privatisation of services, public/private partnerships, joint ventures, the use of external consultants and so on. Legal separation and practical day-to-day realities can often point in different directions in terms of who holds information on whose behalf.’

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Panopticon, 16th July 2014

Source: www.panopticonblog.com

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Supreme Court: BT entitled to introduce new charging regime for connecting ’08′ calls from mobile networks – OUT-LAW.com

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ’0800′, ’0845′ and ’0870′ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

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OUT-LAW.com, 11th July 2014

Source: www.out-law.com

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Tribunal to hear legal challenge to GCHQ surveillance claims – BBC News

‘A tribunal is to hear a legal challenge by civil liberty groups against the alleged use of mass surveillance programmes by UK intelligence services.’

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BBC News, 14th July 2014

Source: www.bbc.co.uk

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Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd: [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

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The UT Repays Again – NearlyLegal

Posted July 7th, 2014 in appeals, landlord & tenant, licensing, news, rent, repayment, tribunals, utilities by sally

The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller.

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NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

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Tribunal upholds decision to overturn ICO fine for unsolicited marketing activities – OUT-LAW.com

Posted June 24th, 2014 in advertising, appeals, fines, news, privacy, tribunals by sally

‘The Information Commissioner’s Office (ICO) has lost its appeal against a decision to overturn a £300,000 monetary penalty it served on an individual for his part in what the watchdog claimed was a serious breach of UK privacy laws.’

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OUT-LAW.com, 23rd June 2014

Source: www.out-law.com

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Victory for Spamalot – Niebel in the Upper Tribunal – Panopticon

‘The spamming industry is a decidedly irritating but sadly almost unavoidable feature of our networked world. There is no question but that spamming (i.e. the sending of unsolicited direct marketing electronic communications) constitutes an unlawful invasion of our privacy (see further regs 22-23 of the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (PECR), implemented under EU Directive 2002/21/EC). The question is what can be done to stop it, particularly given that individual citizens will typically not want to waste their time litigating over the odd spam email or text?’

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Panopticon, 19th June 2014

Source: www.panopticonblog.com

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Come friendly bombs… – NearlyLegal

Posted June 16th, 2014 in insurance, landlord & tenant, leases, news, service charges, terrorism, tribunals by sally

‘Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and, potentially, acts as an additional source of commission for landlords, itself a very contentious issue). Well, in Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC), the Upper Tribunal has given an unqualified endorsement of terrorism insurance and, in the process, may well have greatly extended the number of properties which are now required to obtain such insurance.’

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NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

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Work capability assessment system at ‘virtual collapse’, says judge – The Guardian

Posted June 11th, 2014 in benefits, disabled persons, legal aid, news, tribunals by sally

‘The outgoing head of the tribunal which hears appeals relating to social security benefits has said that the work capability assessment (WCA) has undergone “virtual collapse” and accused the Department for Work and Pensions of being overly optimistic about the pace at which fit-for-work tests were being carried out.’

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The Guardian, 11th June 2014

Source: www.guardian.co.uk

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Cyril Smith CPS files ‘must be revealed’ – BBC News

‘The Crown Prosecution Service has been told it must reveal details about its decision not to prosecute the former Rochdale MP Cyril Smith for alleged offences against children.’

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BBC News, 9th June 2014

Source: www.bbc.co.uk

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Formerly known as – NearlyLegal

Posted June 9th, 2014 in appeals, benefits, children, disabled persons, housing, news, tribunals by sally

‘Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals.’

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NearlyLegal, 6th June 2014

Source: www.nearlylegal.co.uk

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Council wins FOI battle over legal advice for whistle-blowing investigation – Local Government Lawyer

‘A council has won an appeal to the First-Tier Tribunal over its refusal to meet a freedom of information request for the disclosure of legal advice given to a consultant conducting an investigation on the authority’s behalf.’

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Local Government Lawyer, 3rd June 2014

Source: www.localgovernmentlawyer.co.uk

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Judge prevents Theresa May sending asylum-seeker back to lawless Somalia – The Independent

Posted June 3rd, 2014 in appeals, asylum, deportation, immigration, injunctions, news, tribunals by sally

‘The Home Secretary, Theresa May, has been accused of acting unlawfully by forcing the removal of failed Somali asylum-seekers to Mogadishu where they fear they will be murdered by Islamic militants. In what is being seen as a test case affecting thousands of Somalis in Britain, a judge has granted an injunction at the last minute halting the removal of a 23-year-old man, identified only as Abdullah, who was due to be flown back to Mogadishu on Tuesday.’

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The Independent, 3rd June 2014

Source: www.independent.co.uk

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Don’t ask the surveyor – NearlyLegal

Posted June 3rd, 2014 in appeals, housing, jurisdiction, leases, news, service charges, surveyors, tribunals by sally

‘Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes.’

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NearlyLegal, 2nd June 2014

Source: www.nearlylegal.co.uk

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Mother who force fed baby to death wins ‘family life’ appeal to stay in Britain – Daily Telegraph

Posted June 3rd, 2014 in appeals, deportation, human rights, immigration, news, tribunals by sally

‘Foreign criminal jailed for causing death of 10-month-old daughter overturns Home Office deportation bid by arguing it would breach her human rights.’

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Daily Telegraph, 2nd June 2014

Source: www.telegraph.co.uk

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MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same – WLR Daily

MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same [2014] UKSC 30;  [2014] WLR (D)  227

‘A tribunal conducting asylum proceedings could admit, as expert evidence, a report by an organisation based on a telephone interview with an asylum claimant in which its analysts commented on the likelihood of that person originating from his claimed place of origin, based on the person’s dialect and answers to questions about the area in question, even though the report was in the name of the organisation rather than an individual and those contributing to it were identified only by serial numbers. However it was necessary for the tribunal in each particular case to be satisfied that the anonymity was necessary, with safeguards for the claimant in place, and that the authors of the report had demonstrated that they had relevant expertise for each matter on which they had commented.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

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An interim measure – NearlyLegal

Posted May 27th, 2014 in appeals, news, tribunals by sally

‘Fisher v Howard De Walden Estate Ltd RAP/19/2013 is that rare thing – a citeable permission to appeal decision from the UT(LC) (remembering that in Re Bradmoss [2012] UKUT 3 (LC), the UT(LC) had disapproved of reliance on permission decisions.’

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NearlyLegal, 25th May 2014

Source: www.nearlylegal.co.uk

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Lindum Construction Co Ltd and others v Office of Fair Trading – WLR Daily

Posted May 21st, 2014 in appeals, competition, law reports, penalties, restitution, time limits, tribunals by tracey

Lindum Construction Co Ltd and others v Office of Fair Trading: [2014] EWHC 1613 (Ch); [2014] WLR (D) 219

‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

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