Good Things Come to Those Who (Have Inherent) Weight – Panopticon

Posted October 30th, 2014 in appeals, disclosure, freedom of information, news, public interest, tribunals by sally

‘Philosophically, everything must have an inherent weight. Otherwise it would have no weight at all. But FOIA is not concerned with philosophy; it is much more concerned with who is in charge of the sheep dip, and indeed the levels of public funding for the sheep being dipped. (No points for spotting that reference, Bruce.) As a result, there are often debates in the FOIA case law about whether a particular qualified exemption contains an inherent weight, i.e. is the fact that the exemption is engaged at all sufficient to place some weight in the public interest balance against disclosure? The answer varies according to the particular exemption.’

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Panopticon, 29th October 2014

Source: www.panopticonblog.com

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UZ (Pakistan) v Secretary of State for the Home Department – WLR Daily

Posted October 22nd, 2014 in appeals, immigration, judicial review, jurisdiction, law reports, tribunals by sally

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429

‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’

WLR Daily, 15th October 2014

Source: www.iclr.co.uk

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Parkwell Investments Ltd and another v Revenue and Customs Commissioners – WLR Daily

Posted October 22nd, 2014 in insolvency, law reports, tribunals, VAT, winding up by sally

Parkwell Investments Ltd and another v Revenue and Customs Commissioners [2014] EWHC 3381 (Ch); [2014] WLR (D) 432

‘The High Court had jurisdiction to appoint a provisional liquidator notwithstanding the fact that appeals by the company in respect of disputed VAT assessments were pending in the First-tier Tax Tribunal.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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Amended practice statement – General Regulatory Chamber – Judiciary of England and Wales

Posted October 17th, 2014 in practice directions, tribunals by tracey

‘The Senior President of Tribunals has amended the practice statement regarding the composition of panels in the First-tier Tribunal (General Regulatory Chamber).’

Full practice statement

Judiciary of England and Wales, 17th October 2014

Source: www.judiciary.gov.uk

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Bedroom Tax: Upper Tribunal on Article 14 – NearlyLegal

Posted October 7th, 2014 in benefits, disability discrimination, news, Scotland, social security, tribunals by sally

‘Following my plaintive cry here, I now have copies of the two Upper Tribunal judgments from Scotland referred to by the DWP. And, while the judgments do do something rather more and rather different to the outcomes suggested in the DWP Circular, sadly, what they actually do is worse.’

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NearlyLegal, 6th October 2014

Source: www.nearlylegal.co.uk

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Skyscanner: CAT quashes commitments in the online booking sector – Competition Bulletin from Blackstone Chambers

‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’

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Competition Bulletin from Blackstone Chambers, 28th September 2014

Source: www.competitionbulletin.com

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Compensation for Injury to Feelings Taxable – No. 5 Chambers

Posted September 25th, 2014 in age discrimination, compensation, HM Revenue & Customs, news, taxation, tribunals by sally

‘Anthony Korn reports on the recent judgment of First Tier Tribunal Tax Chamber in Moorthy v The Commissioners for Her Majesty’s Revenue and Customs (TCO3952).’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

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Former Times lawyer loses appeal against SDT – Law Society’s Gazette

‘A former legal director of Times Newspapers Ltd was guilty of “recklessly” rather than “knowingly” misleading the court in relation to litigation over revelations about the “NightJack” blogger, the High Court has ruled.’

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Law Society’s Gazette, 12th September 2014

Source: www.lawgazette.co.uk

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Hedonic regression and relativity – NearlyLegal

Posted September 8th, 2014 in compensation, enfranchisement, leases, news, tribunals by sally

‘The question of the use of hedonic regression in the calculation of relativity is, I suspect, not breakfast table conversation for some of our readers even if it would appear that in the bars of Chelsea they talk of nothing else. The Upper Tribunal’s decision in Re: 47 Phillimore Gardens (available on the Upper Tribunal website) is all about exactly that topic and I think it is an important one. I will therefore try to unpack with my apologies to those readers for whom most of this is obvious.’

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NearlyLegal, 4th September 2014

Source: www.nearlylegal.co.uk

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Legal Update: disclosure, formats and context – Law Society’s Gazette

‘Disclosure of information about children, pursuant to a request under the Freedom of Information Act 2000 (FoI), is always a difficult issue and the natural reaction of public authorities is to err on the side of caution.’

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Law Society’s Gazette, 1st September 2014

Source: www.lawgazette.co.uk

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First-tier Tribunal holds that there is no taxable supply where there is no obligation on a subsidiary company which was receiving subsidiary services from the Group parent – Commercial Disputes Blog

Posted August 28th, 2014 in appeals, news, subsidiary companies, taxation, tribunals by sally

‘In Norseman Gold plc v HMRC[1] the First-tier Tribunal (Judge Colin Bishopp) (“FTT”) dismissed an appeal by Norseman Gold plc (“Norseman”) against assessments made pursuant to section 73 VATA 1994 to recover input tax which had been claimed by it, on the basis that as Norseman had not imposed a charge for its services to its subsidiary companies, there was no taxable supply, for which the company could recover the VAT incurred.’

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Commercial Disputes Blog, 27th August 2014

Source: www.rpc.co.uk

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Bedroom tax and human rights FTT miscellany – NearlyLegal

Posted August 26th, 2014 in appeals, benefits, disabled persons, human rights, news, social security, tribunals by tracey

‘No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on tenancy agreements.’

Full story

NearlyLegal, 24th August 2014

Source: www.nearlylegal.co.uk

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Costs and forfeiture – NearlyLegal

Posted August 21st, 2014 in costs, forfeiture, landlord & tenant, news, tribunals by tracey

‘Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber).’

Full story

NearlyLegal, 21st August 2014

Source: www.nearlylegal.co.uk/blog/

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Tribunals to rule on disputes over re-use of public sector information – OUT-LAW.com

Posted August 21st, 2014 in data protection, EC law, news, tribunals by tracey

‘Information rights tribunals will be able to provide binding rulings on public bodies’ re-use of non-personal information under new plans unveiled by the UK government’

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OUT-LAW.com, 20th August 2014

Source: www.out-law.com

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Judges could hear information rights tribunal cases on their own – OUT-LAW.com

‘Judges could determine the outcome of some information rights tribunal cases on their own in future under just-published proposals.’

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OUT-LAW.com, 19th August 2014

Source: www.out-law.com

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UK taxpayer faces £220m bill over e-borders contract termination – The Guardian

Posted August 19th, 2014 in contracts, damages, government departments, news, tribunals by tracey

‘The taxpayer has been left to foot a £220m bill after a tribunal ruled that a government contract awarded to a US defence firm to deliver the e-borders programme was unlawfully terminated.’

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The Guardian, 19th August 2014

Source: www.guardian.co.uk

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Barrister cleared of misconduct because of ombudsman’s “failure to co-operate” – Legal Futures

‘The Bar Disciplinary Tribunal has told the Legal Ombudsman that “co-operation is a two-way process”, in a case involving a failure to share information with the lawyer who was the subject of a complaint.’

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Legal Futures, 19th August 2014

Source: www.legalfutures.co.uk

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Information Tribunal Consultation – Panopticon

Posted August 18th, 2014 in consultations, judiciary, news, tribunals by tracey

‘The Senior President of Tribunals, Sullivan LJ, has launched a consultation paper on altering the composition of the First-tier Tribunal (General Regulatory Chamber) in some Information Rights cases. With the support of GRC Chamber President, Judge Warren, it is proposed to remove the requirement that a judge sit with two non-legal members and allow the Chamber President flexibility to direct that certain cases be heard by a judge alone.’

Full story

Panopticon, 18th August 2014

Source: www.panopticonblog.com

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Care workers take Hampshire home employers to tribunal over pay and working hours – The Guardian

‘Eleven female carers to the elderly are taking their employers to a tribunal claiming they were only paid by the minutes they spent with clients rather than their rostered working hours. The staff, who were on zero-hours contracts, allege that, due to the arrangements, they were paid less than the minimum wage of £6.31 an hour. It is understood that some of the employees at Apex Care in Romsey, Hampshire, where the firm was commissioned to provide the home care service by the council, believe their real hourly wage was close to £3.50.’

Full story

The Guardian, 17th August 2014

Source: www.guardian.co.uk

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Visitors uphold fine for pupillage head who ignored online applications – Legal Futures

‘The Bar’s disciplinary tribunal was right to fine the head of a pupillage committee at a London chambers that ignored 98 online applications, the Visitors to the Inns of Court have ruled.’

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Legal Futures, 11th August 2014

Source: www.legalfutures.co.uk

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