You don’t just walk away – NearlyLegal

Posted April 22nd, 2014 in costs, housing, landlord & tenant, leases, news, tribunals by sally

‘R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast – a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this case, I had thought it would be more interesting than it has turned out to be.’

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NearlyLegal, 20th April 2014

Source: www.nearlylegal.co.uk

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Gonna get myself arrested – NearlyLegal

Posted April 22nd, 2014 in civil procedure rules, landlord & tenant, news, tribunals by sally

‘Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I’ve come across recently (transcript not publicly available; I’ve got one and am trying to persuade the Landlord and Tenant Reports to publish it). For reasons that will become clear, it has wider significance for LVT/FTT cases and although only a county court judgment, it is by HHJ Walden-Smith who is herself a judge of the UT(LC); not binding authority, I accept, but persuasive and important.’

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NearlyLegal, 18th April 2014

Source: www.nearlylegal.co.uk

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JA (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted April 14th, 2014 in appeals, asylum, evidence, immigration, law reports, tribunals by sally

JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450; [2014] WLR (D) 163

‘Although a tribunal adjudicating on an asylum appeal did not have power, in the absence of express statutory provision, to exclude relevant evidence in the form of records of the asylum applicant’s interviews, it was required by the common law principle of fairness to consider with care how much weight should be attached to such evidence, having regard to the circumstances in which it came into existence, and the extent to which reliance could properly be placed on the applicant’s answers.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

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Roald Dahl museum wins tax case – The Independent

Posted April 10th, 2014 in artistic works, HM Revenue & Customs, news, taxation, tribunals, VAT by sally

‘The Roald Dahl Museum and Story Centre, dedicated to celebrating the life and work of the author, has won a tax case against HM Revenue and Customs.’

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The Independent, 9th April 2014

Source: www.independent.co.uk

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Tobacco decision: the Court of Appeal emphasises finality – Competition Bulletin from Blackstone Chambers

Posted April 8th, 2014 in appeals, competition, news, price fixing, tribunals by sally

‘The Court of Appeal yesterday delivered a judgment that should finally draw a line under one of the Office of Fair Trading’s more troublesome cases – and which will presumably bring a great sigh of relief from the Competition and Markets Authority, the body that has now taken over the OFT’s functions.’

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Competition Bulletin from Blackstone Chambers, 8th April 2014

Source: www.competitionbulletin.com

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The Not Entirely Secret Diary of Mr Lansley – Panopticon

‘What considerations are relevant when deciding whether a Ministerial diary should be disclosed under FOIA? The decision of the First-tier Tribunal in Department of Health v Information Commissioner EA/2013/0087 is, perhaps surprisingly, the first Tribunal decision to address this issue. The judgment engages with a number of difficult issues: the Tribunal’s approach to Government evidence, the value of cross-examination in Tribunal hearings, aggregation of public interests under FOIA, and Parliamentary privilege. Hence it is of general importance, going beyond the intrinsic interest of its specific subject matter.’

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Panopticon, 18th March 2014

Source: www.panopticonblog.com

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Coming to a tribunal near you: Anti-competitive practices and land agreements? – Hardwicke Chambers

Posted March 10th, 2014 in competition, enforcement, jurisdiction, news, restrictive covenants, tribunals by sally

‘The First Tier Tribunal (Property Chamber) has just been asked to decide whether it has jurisdiction to make a determination as to whether a restrictive covenant is void and unenforceable pursuant to the “Chapter I Prohibition” under the Competition Act 1998 (“the Act”).’

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Hardwicke Chambers, 5th March 2014

Source: www.hardwicke.co.uk

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COIC tribunals review: progress update – Bar Standards Board

Posted March 5th, 2014 in barristers, disciplinary procedures, inns of court, news, tribunals by sally

‘The Bar Standards Board has today [3 March] published an update on the contract management arrangements relating to COIC/BTAS (Council of the Inns of Court / Bar Tribunals and Adjudication Service) and the progress against the recommendations set out in the Browne report of 2012.’

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Bar Stardards Board, 3rd March 2014

Source: www.barstandardsboard.org.uk

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Police forces appeal against A19 retirement ruling – BBC News

‘Five police forces have appealed against a ruling that their use of a regulation to make older officers retire was not “proportionate”.’

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BBC News, 3rd March 2014

Source: www.bbc.co.uk

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FOIA disclosures: ‘motive blindness’ and risks to mental health – Panopticon

Posted February 27th, 2014 in disclosure, freedom of information, mental health, news, tribunals by sally

‘Some FOIA ‘mantras’ frustrate requesters, such as judging matters as at the time of the request/refusal, regardless of subsequent events. Others tend to frustrate public authorities, such as ‘motive blindness’. A recent Tribunal discusses and illustrates both principles – in the context of the distress (including a danger to mental health) likely to arise from disclosure.’

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Panopticon, 26th February 2014

Source: www.panopticonblog.com

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Bridge is a game not a sport, tribunal rules – Daily Telegraph

Posted February 25th, 2014 in fees, HM Revenue & Customs, news, sport, tribunals, VAT by sally

‘The English Bridge Union loses legal challenge against HM Revenue and Customs aimed at reclaiming VAT on competition entry fees.’

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Daily Telegraph, 24th February 2014

Source: www.telegraph.co.uk

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High Court ruling means that challenges to arbitral awards in court remain difficult if parties have agreed to arbitrate, says expert – OUT-LAW.com

Posted February 20th, 2014 in appeals, arbitration, construction industry, news, tribunals by michael

‘A recent decision by the Technology and Construction division of the High Court has underlined how unlikely it is that a court will interfere with an award made by an arbitration tribunal.’

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OUT-LAW.com, 19th February 2014

Source: www.out-law.com

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Bedrooms and a family home – NearlyLegal

Posted February 19th, 2014 in appeals, benefits, children, families, housing, human rights, local government, news, tribunals by sally

‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’

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NearlyLegal, 18th February 2014

Source: www.nearlylegal.co.uk

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‘Petite’ firearms officer wins sex discrimination case because gun was too big for her hands – Daily Telegraph

Posted February 18th, 2014 in appeals, firearms, news, police, sex discrimination, tribunals, women by sally

‘Victoria Wheatley, part of the armed unit which protects the Sellafield atomic complex, could not reach her weapon’s trigger’

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Daily Telegraph, 17th February 2014

Source: www.telegraph.co.uk

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Policeman who smashed pensioner’s car window awarded £440,000 payout – The Guardian

Posted February 6th, 2014 in constructive dismissal, harassment, news, police, tribunals by sally

‘A police officer who chased and then smashed a pensioner’s car window has won £440,000 after a tribunal found he left his job after becoming a “laughing stock” among his colleagues when a video of the incident appeared online.’

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The Guardian, 5th February 2014

Source: www.guardian.co.uk

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Ian Brady – the Mental Health Tribunal’s decision commented upon by Denise Marson – Sovereign Chambers

‘On the 24th January 2014 the First-Tier Tribunal (Health, Education and Social Care)(Mental Health) published its reasons for the Tribunal’s decision regarding Mr Brady’s application for discharge which had received wide-ranging media attention at the latter end of 2013. Mr Brady’s application was to be discharged from Ashworth High Secure Hospital and be returned to prison. There was no possibility of him being discharged directly into the community by the Tribunal. He is now 75 years old.’

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Sovereign Chambers, 29th January 2014

Source: www.sovereignchambers.co.uk

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Freedom of Information: But What is Information? The Upper Tribunal Opines – Panopticon

Posted January 29th, 2014 in appeals, disclosure, documents, freedom of information, interpretation, news, tribunals by sally

‘We all know that section 1 gives us a right to request information from listed public authorities, but what does “information” mean? Information is defined by section 84 of FOIA (“‘information’ (subject to sections 51(8) and 75(2)) means information recorded in any form”). This somewhat opaque definition has generally been treated as meaning that a request is for information. It is not for copies of documents. If the public authority wants to type out the document in a different format, they can, so long as the information contained within that document is provided.’

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Panopticon, 28th January 2014

Source: www.panopticonblog.com

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Reed Employment Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 27th, 2014 in appeals, equality, HM Revenue & Customs, law reports, repayment, time limits, tribunals, VAT by sally

Reed Employment Ltd v Revenue and Customs Comrs [2014] EWCA Civ 32; [2014] WLR (D) 23

‘Section 80(3) of the Value Added Tax Act 1994, as inserted, which gave the revenue a possible defence of unjust enrichment for claims made after 26 May 2005 for the recovery of overpaid VAT, without regard to the period in respect of which the claim was made, was not unlawful.’

WLR Daily, 23rd Janaury 2014

Source: www.iclr.co.uk

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Upper Tribunal on bedrooms – NearlyLegal

Posted January 27th, 2014 in appeals, benefits, carers, housing, interpretation, local government, news, tribunals by sally

‘There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of ‘bedroom’. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though addressing LHA rather than the bedroom tax.’

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NearlyLegal, 26th January 2014

Source: www.nearlylegal.co.uk

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