Can you make a new application while awaiting outcome of another application or appeal? – Free Movement

Posted April 23rd, 2015 in appeals, immigration, news, tribunals by sally

‘The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR [2015] UKUT 190 (IAC). While the judge remains fairly cool she was clearly irritated with Counsel. Much of the case is devoted to salvaging some sense from the proliferating grounds or traversing territory that is already well known, but there is something new to take away. New to me, at any rate.’

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Free Movement, 23rd April 2015

Source: www.freemovement.org.uk

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Mind the gap: immigration rules and human rights are not coterminous – Free Movement

Posted April 22nd, 2015 in human rights, immigration, news, personal injuries, tribunals, visas by sally

‘In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position, coterminous. The latest is R (on the application of Chen) v Secretary of State for the Home Department) (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 189 (IAC) on, you guessed it, the House of Lords case of Chikwamba and the proportionality of having to travel abroad in order to apply from abroad.’

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Free Movement, 22nd April 2015

Source: www.freemovement.org.uk

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“Cold Calling” company fined £75K for breach of privacy – UK Human Rights Blog

Posted April 20th, 2015 in advertising, complaints, consumer protection, EC law, fines, news, privacy, tribunals by sally

‘Although an individual’s right to privacy is usually thought of in the context of state intrusion in one form or another, in reality the real threat of intrusion in a society such as ours comes from unsolicited marketing calls.’

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UK Human Rights Blog, 17th April 2015

Source: www.ukhumanrightsblog.com

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Tribunal increases ICO fine over unsolicited marketing by 50% – OUT-LAW.com

Posted April 17th, 2015 in electronic mail, fines, news, privacy, telecommunications, tribunals by sally

‘A UK court has increased the level of fine imposed on a business which made unsolicited marketing calls to people signed up to the Telephone Preference Service (TPS) by 50%.’

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OUT-LAW.com, 17th April 2015

Source: www.out-law.com

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Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – UK Human Rights Blog

‘Department of Health v. Information Commissioner et al [2015] UKUT 159, 30 March 2015, Charles J read judgment Simon Lewis requested that the Department of Health supply him with copies of the ministerial diary of Andrew Lansley from May 2010 until April 2011, via a Freedom of Information request. Mr Lewis’s interest in all this is not revealed in the judgment, but I dare say included seeing whether the Minister was being lobbied by private companies eager to muscle in on the NHS in this critical period. But such is the nature of FOIA litigation that it does not really look at the motive of the requester – and this case does not tell us what the diary showed. Indeed by the time of this appeal, Lewis was untraceable, and the burden of the argument in favour of disclosure was taken up by the Information Commissioner.’

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UK Human Rights Blog, 10th April 2015

Source: www.ukhumanrightsblog.com

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Avoidance scheme effective despite HMRC’s attempt to rely on Ramsay – RPC Tax Take

Posted March 31st, 2015 in appeals, corporation tax, HM Revenue & Customs, news, tax avoidance, tribunals by sally

‘In Gemsupa Limited and Consolidated Property Wilmslow Limited v HMRC [2015] UKFTT 0097 (TC), the First-tier Tribunal (Tax Chamber) (“FTT”) found that an avoidance scheme designed to avoid corporation tax on chargeable gains on the disposal of properties through the use of share sales and options to create and then disband a group was effective.’

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RPC Tax Take, 25th March 2015

Source: www.rpc.co.uk

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PF (Nigeria) v Secretary of State for the Home Department – WLR Daily

PF (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 251; [2015] WLR (D) 149

‘Where a decision of the First-tier or Upper Tribunal was not unanimous and the votes of the tribunal members were equally divided, the power conferred on the presiding member of the tribunal to provide the casting vote was not to be exercised irrespective of the nature and extent of the disagreement between the tribunal members. Disagreement as to the applicable law might in general justify the exercise of the casting vote, but not disagreement on fundamental primary factual issues.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

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ITV plc and others v Pensions Regulator and another – WLR Daily

Posted March 30th, 2015 in appeals, law reports, pensions, regulations, tribunals by sally

ITV plc and others v Pensions Regulator and another [2015] EWCA Civ 228; [2015] WLR (D) 139

‘The Upper Tribunal had a discretion to allow the Pensions Regulator to raise new allegations on a reference which were not contained in a warning notice issued pursuant to section 96 of the Pensions Act 2004. The discretion should be exercised based on a consideration of all the relevant factors in the case, weighing up all the facts and circumstances, and not just the narrow question whether the Pensions Regulator had good reason for seeking to enlarge its case.’

WLR Daily, 24th March 2015

Source: www.iclr.co.uk

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M&S and hair cut paramedic guilty of misconduct – BBC News

‘A paramedic who left patients in an ambulance while he did some shopping and had his hair cut has been found guilty of misconduct.’

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BBC News, 25th March 2015

Source: www.bbc.co.uk

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Canadian domestic abuse victim Sandra Sidey can stay in UK – BBC News

Posted March 24th, 2015 in appeals, deportation, domestic violence, immigration, news, tribunals, victims by sally

‘A Canadian woman who was told she could not stay in Britain after ending her relationship with a violent partner has won indefinite leave to remain.’

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BBC News, 23rd March 2015

Source: www.bbc.co.uk

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Fresh grounds and evidence before the CAT – Competition Bulletin from Blackstone Chambers

Posted March 23rd, 2015 in appeals, competition, evidence, news, ombudsmen, telecommunications, tribunals by sally

‘On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights of parties to adduce new grounds and evidence on an appeal, raises important notes of caution to all parties which may wish to appeal or intervene in future cases.’

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Competition Bulletin from Blackstone Chambers, 20th March 2015

Source: www.competitionbulletin.com

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Tribunal confirms no penalty for implementing tax avoidance scheme – RPC Tax Take

Posted March 19th, 2015 in news, penalties, tax avoidance, tribunals by sally

‘In the recent case of Herefordshire Property Company Ltd v HMRC1, the First-tier Tribunal (Tax Chamber) (“FTT”) allowed the taxpayer’s appeal against the imposition by HMRC of a penalty, which was based on an allegation of negligent implementation of a tax planning scheme by the taxpayer.’

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RPC Tax Take, 18th March 2015

Source: www.rpc.co.uk

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Tribunal finds in favour of property developer who was not trading – RPC Tax Take

Posted March 19th, 2015 in appeals, HM Revenue & Customs, news, rent, tribunals by sally

‘In Terrace Hill (Berkeley) Ltd v HMRC[1], the First-tier Tribunal (“the FTT”) rejected HMRC’s arguments and concluded that a property developer’s activity in relation to the development of an office property was an investment rather than a trading activity and allowed its appeal.’

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RPC Tax Take, 11th March 2015

Source: www.rpc.co.uk

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Judges Behaving Badly? – No. 5 Chambers

Posted March 19th, 2015 in employment tribunals, judiciary, news, professional conduct, recusal, tribunals by sally

‘Irvine Maccabe discusses practical issues and strategies to consider in relation to recusal, judicial misconduct and transcripts.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

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Meaning of “totally without merit” – Free Movement

Posted March 19th, 2015 in civil procedure rules, judicial review, news, tribunals by sally

‘Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether permission should be granted. Lawyers commonly refer to this decision as being “on the papers” because there is no oral hearing.’

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Free Movement, 19th March 2015

Source: www.freemovement.org.uk

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The Equality Act 2010: The interplay of the employment and educational protections – No. 5 Chambers

Posted March 18th, 2015 in appeals, education, employment, equality, news, sex discrimination, tribunals by sally

‘In this case the legislative framework at play was the interplay between the education and employment protections in the Equality Act 2010 (‘the Act’). S56(5) was the particular provision under the microscope, which provides that training or guidance covered by s91(within the education provisions of the Act) falls outside the employment services protection afforded by s55; it provides that s56 ‘does not apply in relation to training or guidance for students of an institution to which s91 applies in so far as it is training or guidance to which the governing body of the institution has power to afford access’.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

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Ryanair says it will fight on after Court of Appeal defeat – Zenith Chambers

Posted March 18th, 2015 in airlines, appeals, competition, mergers, news, tribunals by sally

‘The Court of Appeal has rejected Ryanair’s contention that the Competition Appeal Tribunal was incorrect to uphold the Competition Commission’s order that Ryanair should reduce its stake in Aer Lingus from 28.5 to 5 per cent.’

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Zenith Chambers, 16th February 2015

Source: www.zenithchambers.co.uk

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High Court confirms finality of tobacco settlement in failed OFT case – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, news, penalties, smoking, time limits, tribunals by sally

‘A party that had paid reduced penalties through the UK’s early resolution procedure could not appeal the penalties after the competition authority’s case had collapsed and following successful appeals by other parties to the investigation.’

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Zenith Chambers, 2nd February 2015

Source: www.zenithchambers.co.uk

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End of the line for Eurotunnel ferry service as CAT scuppers appeal – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, mergers, news, ships, transport, tribunals by sally

‘Eurotunnel began its cross-Channel ferry service in August 2012 using assets acquired from Sea France after its liquidation in 2011. The transaction was blocked by the Competition Commission in 2013 because it gave Eurotunnel too strong a presence in the cross-channel transportation market. In its 9 January 2015 judgment the Competition Appeal Tribunal dismissed Eurotunnel’s appeal against the decision by the CMA to prohibit the deal for a second time. The judgment is significant when viewed against a background of trades in distressed assets in Europe and internationally. It merits a careful reading for parties seeking to realise value from company liquidations.’

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Zenith Chambers, 13th January 2015

Source: www.zenithchambers.co.uk

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Backdating welfare benefits payments to those recognised as refugees in the UK – Free Movement

Posted March 12th, 2015 in appeals, asylum, benefits, news, refugees, social security, tribunals by sally

‘In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payments of welfare benefits to those asylum seekers who, upon inquiry, are found to be refugees.’

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Free Movement, 12th March 2015

Source: www.freemovement.org.uk

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