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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The Duke and Duchy of Cornwall and the EIRs – Panopticon

‘The Duchy of Cornwall was established by Edward III in 1337 for his son. There is a landed estate (the Duchy) and a title (the Duke). Edward III was no doubt unconcerned about any legal duties that may attach to the Duchy; he had bigger fish to fry. In the 21st century, however, at least one knotty question of legal duty has surfaced.’

Full story

Panopticon, 5th April 2016

Source: www.panopticonblog.com

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MoJ wins privilege battle over PowerPoint slides prepared by counsel for training session – Legal Futures

‘PowerPoint slides prepared by external counsel for training at the Ministry of Justice were subject to legal professional privilege and did not have to be disclosed under the Freedom of Information Act, the First-Tier Tribunal (FTT) has ruled.’

Full story

Legal Futures, 7th April 2016

Source: www.legalfutures.co.uk

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Prince of Wales’ Duchy of Cornwall wins oyster farm scrutiny appeal – BBC News

‘The Prince of Wales’s private estate has won an appeal against a ruling that would have forced it to open up its dealings to greater public scrutiny.’

Full story

BBC News, 4th April 2016

Source: www.bbc.co.uk

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DWP tribunal criticises Labour MP Jess Phillips for ‘showing too much affection and friendship’ – The Independent

‘A Labour MP has been criticised by a judge at a tribunal for showing too much affection and friendship towards a constituent on disability benefits. ‘

Full story

The Independent, 3rd April 2016

Source: www.independent.co.uk

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Theresa May faces parliamentary investigation over flimsy basis for student deportations – The Independent

‘Theresa May is to face a parliamentary investigation after an immigration tribunal ruled that the Home Office used unscientific “hearsay” to deport thousands of students from Britain.’

Full story

The Independent, 23rd March 2016

Source: www.independent.co.uk

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Personal data and politicians’ names – Panopticon

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

Full story

Panopticon, 18th March 2016

Source: www.panopticonblog.com

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Revenue and Customs Commissioners v Apollo Fuels Ltd and others – WLR Daily

Revenue and Customs Commissioners v Apollo Fuels Ltd and others; [2016] EWCA Civ 157

‘The employers leased cars to their employees to enable them to carry out their duties. The cars were leased on arm’s length commercial terms, including lease charges at full market value. The revenue concluded that the provision of the cars was a taxable benefit, for the purposes of the Income Tax (Earnings and Pensions) Act 2003, and served notices of assessment for that tax on the employees. The First-tier Tribunal allowed the employees’ appeal, holding that the provision of the cars was a “benefit” which fell within section 114 of the 2003 Act with the result that Chapter 6 of Part 3 of the 2003 Act applied. That decision was affirmed by the Upper Tribunal.’

WLR Daily, 17th March 2016

Source: www.iclr.co.uk

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Speech by Sir Ernest Ryder: The Modernisation of Access to Justice in Times of Austerity – Courts and Tribunals Judiciary

Posted March 9th, 2016 in budgets, electronic filing, speeches, tribunals by tracey

‘Speech by Sir Ernest Ryder: The Modernisation of Access to Justice in Times of Austerity; 5th Annual Ryder Lecture at the University of Bolton.’

Full speech

Courts and Tribunals Judiciary, 7th March 2016

Source: www.judiciary.gov.uk

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