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

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GCHQ spied on two human rights bodies – Daily Telegraph

Posted June 23rd, 2015 in data protection, human rights, intelligence services, news, tribunals by tracey

‘GCHQ spied on two human rights organisations, it has emerged, and breached its own internal policies in how it handled the information.’

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Daily Telegraph, 22nd June 2015

Source: www.telegraph.co.uk

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Good news and bad for challenges to ETS fraud decisions – Free Movement

Posted June 18th, 2015 in appeals, fraud, immigration, news, tribunals, visas by sally

‘The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyone directly affected by the ongoing ETS saga and for their legal representatives.’

Full story

Free Movement, 18th June 2015

Source: www.freemovement.org.uk

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Upper Tribunal: Ocean Finance VAT arrangements could stand as not ‘wholly artificial’ – OUT-LAW.com

Posted June 10th, 2015 in advertising, HM Revenue & Customs, news, tax avoidance, tribunals, VAT by sally

‘HM Revenue and Customs (HMRC) should not look beyond the contractual arrangements that govern a company’s structure when establishing liability for VAT unless those arrangements do not reflect “economic and commercial reality”, a tribunal has ruled.’

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OUT-LAW.com, 5th June 2015

Source: www.out-law.com

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HCA International Ltd v Competition and Markets Authority – WLR Daily

Posted June 3rd, 2015 in appeals, bias, competition, law reports, tribunals by sally

HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221

‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’

WLR Daily 21st May 2015

Source: www.iclr.co.uk

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Upper Tribunal decisions on Part 4 of SEN statements – Education Law Blog

Posted June 2nd, 2015 in education, news, special educational needs, tribunals by sally

‘First up, MA v Borough of Kensington and Chelsea (SEN) [2015] UKUT 0186 (AAC). In this judgment, the Upper Tribunal considers the legal status of an ASD unit within a mainstream school.’

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Education Law Blog, 31st May 2015

Source: www.education11kbw.com

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Midwife struck off for misconduct after deaths of two babies – The Guardian

Posted May 21st, 2015 in birth, disqualification, midwives, news, professional conduct, tribunals by sally

‘A former midwife whose actions were said to have contributed to the deaths of two babies is to be struck off, a misconduct tribunal has ruled.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

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High Court: Tribunal right to disbar barrister who drafted false grounds of appeal – Legal Futures

Posted May 20th, 2015 in barristers, drafting, news, professional conduct, tribunals by sally

‘The High Court has upheld the disbarment of a barrister accused of drafting false grounds of appeal for a client found guilty on drugs charges.’
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Legal Futures, 19th May 2015

Source: www.legalfutures.co.uk

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Mandatory orders in immigration judicial review applications – Free Movement

Posted May 20th, 2015 in immigration, judicial review, news, tribunals by sally

‘The issue of when the Upper Tribunal might make a mandatory order requiring the Home Office to act in a specific way was considered in the case of R (on the application of Sultana) v Secretary of State for the Home Department (mandatory order – basic principles) IJR [2015] UKUT 226 (IAC).’

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Free Movement, 20th May 2015

Source: www.freemovement.org.uk

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Wasted costs ordered against solicitor and counsel and case struck out – Free Movement

Posted May 15th, 2015 in barristers, costs, judicial review, law firms, news, striking out, tribunals by tracey

‘In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper Tribunal Immigration and Asylum Chamber not only strikes out the applicant’s judicial review claim but also goes on to make a wasted costs order against both the solicitors and counsel involved in the case.’

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Free Movement, 14th May 2015

Source: www.freemovement.org.uk

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A blind eye to Nelson – Nearly Legal

Posted May 14th, 2015 in benefits, housing, news, social services, tribunals by tracey

‘A couple of bedroom tax decisions, one Upper Tribunal, one FTT, both of which involve findings for the tenant in the landscape after the Upper Tribunal decision in Nelson (SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) – our report). Given that we appear to be stuck with the bedroom tax for the next 5 years at least, this is the landscape unless the Supreme Court does something dramatic in MA & Ors.’

Full story

Nearly Legal, 12th May 2015

Source: www.nearlylegal.co.uk

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Prince Charles’s ‘black spider’ letters set for publication after 10 year legal battle – The Independent

Posted May 13th, 2015 in freedom of information, news, royal family, Supreme Court, tribunals by tracey

‘The Royal Family’s reputation for political neutrality faces its most serious challenge in a generation as the “black spider” memos written by Prince Charles to senior ministers are finally set to published after a 10-year legal battle.’

Full story

The Independent, 12th May 2015

Source: www.independent.co.uk

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Reporting Restrictions in the Criminal Courts – Courts and Tribunals Judiciary

‘A fourth updated set of guidelines on open justice and reporting restrictions in the criminal courts is published today by the Judicial College, News Media Association (NMA), Society of Editors and the Media Lawyers Association. The new edition covers the new reporting restrictions applying to under 18 year olds, which came into force last month, the Female Genital Mutilation anonymity provisions which came into force this month and other changes relevant to reporting the work of the criminal courts.’

Full story

Courts and Tribunals Judiciary, 6th May 2015

Source: www.judiciary.gov.uk

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Judge upholds ACV listing of green belt site – OUT-LAW.com

Posted May 6th, 2015 in environmental protection, news, planning, tribunals by sally

‘A First-Tier Tribunal judge has dismissed a challenge by developer Banner Homes to the listing of a 4.83 hectare site by St Albans City and District Council as an asset of community value (ACV).’

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OUT-LAW.com, 5th May 2015

Source: www.out-law.com

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University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) – Supreme Court

University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) [2015] UKSC 26 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

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Regina (LHS) v First-Tier Tribunal (Criminal Injuries and Compensation) – WLR Daily

Regina (LHS) v First-Tier Tribunal (Criminal Injuries and Compensation) [2015] EWHC 1077 (Admin); [2015] WLR (D) 181

‘The discount rate determined by the Lord Chancellor under section 1(1) of the Damages Act 1996 was applicable to the quantification of future loss under the Criminal Injuries Compensation Scheme 1990.’

WLR Daily, 21st April 2015

Source: www.iclr.co.uk

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GCHQ conducted illegal surveillance, investigatory powers tribunal rules – The Guardian

‘GCHQ, Britain’s national security surveillance agency, has been ordered to destroy legally privileged communications it unlawfully collected from a Libyan rendition victim.’

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The Guardian, 29th April 2015

Source: www.guardian.co.uk

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What amounts to a “human rights claim” generating a new right of appeal? – Free Movement

Posted April 30th, 2015 in appeals, human rights, immigration, interpretation, news, tribunals by sally

‘Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim to have been made in the first place as well as requiring a refusal of that claim. But what constitutes a human right claim and a decision by the Secretary of State?’

Full story

Free Movement, 29th April 2015

Source: www.freemovement.org.uk

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Rosslyn Mansions Tenants’ Association v Winstonworth Limited – Tanfield Chambers

Posted April 29th, 2015 in landlord & tenant, news, tribunals by sally

‘There is no requirement that the potential membership of a proposed tenants’ association must be at least 60% for a certificate of recognition to be granted under section 29 of the Landlord and Tenant Act 1985.’

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Tanfield Chambers, 16th April 2015

Source: www.tanfieldchambers.co.uk

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UK intelligence tribunal to rule on surveillance case – The Guardian

‘A tribunal that hears complaints against the UK intelligence services is due to rule in a major state surveillance case on the confidentiality of conversations between lawyers and their clients.’

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The Guardian, 29th April 2015

Source: www.guardian.co.uk

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