BSB seeks power to fine barristers cleared by disciplinary tribunals – Legal Futures

‘The Bar Standards Board (BSB) is seeking the power to impose fines of up to £1,000 on barristers cleared by disciplinary tribunals, it has emerged.’

Full story

Legal Futures, 21st August 2015

Source: www.legalfutures.co.uk

Comments Off on BSB seeks power to fine barristers cleared by disciplinary tribunals – Legal Futures

Outstanding UK tax tribunal cases reach record levels – OUT-LAW.com

Posted August 20th, 2015 in appeals, news, statistics, taxation, tribunals by sally

‘The queue of tax disputes awaiting litigation through the UK’s tax tribunals set a new record last year, with almost 30,000 cases waiting to be heard at the end of last year, according to official figures.’

Full story

OUT-LAW.com, 19th August 2015

Source: www.out-law.com

Comments Off on Outstanding UK tax tribunal cases reach record levels – OUT-LAW.com

Expert evidence about SEN – Education Law Blog

Posted August 20th, 2015 in education, expert witnesses, news, special educational needs, tribunals by sally

The Upper Tribunal has considered how the First-tier Tribunal should approach expert evidence about special educational needs and provision: The Royal Borough of Kensington and Chelsea v CD [2015] UKUT 0396 (AAC).

Full story

Education Law Blog, 19th August 2015

Source: www.education11kbw.com

Comments Off on Expert evidence about SEN – Education Law Blog

Bar disciplinary tribunal to rehear disbarment overturned by Court of Appeal – Legal Futures

Posted August 17th, 2015 in barristers, disciplinary procedures, news, tribunals by sally

‘A long-running disciplinary case involving accusations that a barrister forged client care letters must be heard again, the Visitors to the Inns of Court have ruled.’

Full story

Legal Futures, 17th August 2015

Source: www.legalfutures.co.uk

Comments Off on Bar disciplinary tribunal to rehear disbarment overturned by Court of Appeal – Legal Futures

Woolway (Valuation Officer) v Mazars LLP – WLR Daily

Posted August 12th, 2015 in appeals, leases, news, rates, Supreme Court, tribunals, valuation by sally

Woolway (Valuation Officer) v Mazars LLP [2015] UKSC 53; [2015] WLR (D) 353

‘Where a business’s offices were on two separate floors of an office block, the communication between the two being solely by way of the block’s communal lift, those two floors comprised two separate hereditaments for the purposes of non-domestic rating.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

Comments Off on Woolway (Valuation Officer) v Mazars LLP – WLR Daily

Successful judicial review of social services age assessment – Free Movement

‘R (on the application of GB by litigation friend, Francesco Jeff) v Oxfordshire County Council (age dispute- relevance of documents) IJR [2015] UKUT 429 (IAC) is an interesting and successful judicial review challenge to an age assessment. My colleague Shu Shin Luh was Counsel, instructed by Scott-Moncrieff & Associates.

Full story

Free Movement, 10th August 2015

Source: www.freemovement.org.uk

Comments Off on Successful judicial review of social services age assessment – Free Movement

‘It did seem to be expensive’ – Nearly Legal

Posted August 11th, 2015 in appeals, costs, landlord & tenant, leases, news, rent, service charges, tribunals by sally

If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?

Full story

Nearly Legal, 9th August 2015

Source: www.nearlylegal.co.uk

Comments Off on ‘It did seem to be expensive’ – Nearly Legal

Court of Appeal: Tenants on small claims track can be ordered to pay more than costs of issue – Litigation Futures

‘County courts can order tenants on the small claims track (SCT) to pay more than the costs of issuing the claim, the Court of Appeal has ruled.’
Full story

Litigation Futures, 6th August 2015

Source: www.litigationfutures.com

Comments Off on Court of Appeal: Tenants on small claims track can be ordered to pay more than costs of issue – Litigation Futures

Bedroom Tax and separated families – UT again – Nearly Legal

‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’

Full story

Nearly Legal, 1st August 2015

Source: www.nearlylegal.co.uk

Comments Off on Bedroom Tax and separated families – UT again – Nearly Legal

New tribunal cases on statutory human rights considerations and “integration” – Free Movement

Posted July 30th, 2015 in human rights, immigration, news, tribunals by sally

‘The Upper Tribunal has handed down another two cases on the statutory human rights considerations introduced by the Immigration Act 2014. The relationship between Article 8, the Immigration Rules and the statutory considerations is the itch that judges cannot help but scratch, but it is primarily an academic and political issue rather than one of real substance.’
Full story

Free Movement, 29th July 2015

Source: www.freemovement.org.uk

Comments Off on New tribunal cases on statutory human rights considerations and “integration” – Free Movement

Kiani v Secretary of State for the Home Department – WLR Daily

Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776; [2015] WLR (D) 325

‘The requirements of the right to a fair trial in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms depended on the context and all the circumstances of the case. In a security case an individual was not entitled to full article 6 rights if to accord him such rights would jeopardise the efficacy of the vetting regime itself. The same approach was taken under European Union law.’

WLR Daily, 21st July 2015

Source: www.iclr.co.uk

Comments Off on Kiani v Secretary of State for the Home Department – WLR Daily

Circle the Wagons: They are Coming for the Information Tribunal – Panopticon

Posted July 28th, 2015 in consultations, fees, freedom of information, news, tribunals by sally

‘We all fell for it, didn’t we? If the greatest trick the Devil ever pulled was convincing the world he didn’t exist, then Michael Gove’s may have been to convince everyone that he wasn’t interested in FOIA. His shunting responsibility for FOIA/EIR matters off to the Cabinet Office, and the Cabinet Office’s announcement of the Commission on Freedom of Information (generally staffed by people who publicly don’t much like it), last week has led to a lot of comment and reaction – mostly adverse – from social media, blogs and even the mainstream press.’

Full story

Panopticon, 24th July 2015

Source: www.panopticonblog.com

Comments Off on Circle the Wagons: They are Coming for the Information Tribunal – Panopticon

Service charges, the burden of proof and reasonableness of decisions – Park Square Barristers

‘Last week wrote an introductory article on a service charge case, The Gateway (Leeds) Management Ltd v Naghash and Shamsizadeh (citation above), a decision of Martin Rodger QC, Deputy President in the Upper Tribunal (Lands Chamber), in which I acted for the Defendants/Respondents. The facts are set out in that piece, and I do not propose to rehearse them here.’

Full story

Park Square Barristers, 15th July 2015

Source: www.parksquarebarristers.co.uk

Comments Off on Service charges, the burden of proof and reasonableness of decisions – Park Square Barristers

Tenants who lack mental capacity to make decisions – Tanfield Chambers

‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’

Full story

Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

Comments Off on Tenants who lack mental capacity to make decisions – Tanfield Chambers

Surveillance of MPs’ data challenged – BBC News

‘Three politicians will challenge the lawfulness of the intelligence services’ bulk interception of electronic data at a hearing later.’

Full story

BBC News, 23rd July 2015

Source: www.bbc.co.uk

Comments Off on Surveillance of MPs’ data challenged – BBC News

Proposal on the provision of court and tribunal estate in England and Wales – Ministry of Justice

Posted July 17th, 2015 in consultations, courts, tribunals by tracey

‘Proposal on the provision of court and tribunal estate in England and Wales.’

Full consultation

Ministry of Justice, 16th July 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Comments Off on Proposal on the provision of court and tribunal estate in England and Wales – Ministry of Justice

Met police to face tribunal over decision to access Plebgate phone records – The Guardian

‘The Metropolitan police is being taken to court in a landmark case over its decision to secretly obtain journalists’ phone records in an attempt to identify the mole behind the Plebgate saga involving the then cabinet minister Andrew Mitchell.’

Full story

The Guardian, 14th July 2015

Source: www.guardian.co.uk

Comments Off on Met police to face tribunal over decision to access Plebgate phone records – The Guardian

Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

Full story

OUT-LAW.com, 9th July 2015

Source: www.out-law.com

Comments Off on Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

Bar regulator consults on reforms to the disciplinary tribunal system – Bar Standards Board

Posted July 8th, 2015 in barristers, disciplinary procedures, news, regulations, tribunals by sally

‘In an open consultation, launched today, the bar regulator is seeking views on proposals to reform the disciplinary tribunal system.’

Full story

Bar Standards Board, 7th July 2015

Source: www.barstandardsboard.org.uk

Comments Off on Bar regulator consults on reforms to the disciplinary tribunal system – Bar Standards Board

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others – WLR Daily

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWHC 1689 (Admin); [2015] WLR (D) 267

‘The fast track rule regime in the Schedule to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 was ultra vires.’

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

Comments Off on Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others – WLR Daily