Clearer on costs – Hardwicke Chambers

Posted August 25th, 2016 in costs, landlord & tenant, news, regulations, tribunals by sally

‘Rule 13(1) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 (SI 2013/1169) provides that the Property Chamber of the First Tier Tribunal (FTT) may order costs(other than fees) in several limited circumstances. Of most interest to landlords, managing agents and others involved in FTT cases is r 13(1)(b), which provides for costs orders (in agricultural land and drainage, residential property or leasehold cases) “if a person has acted unreasonably in bringing, defending, or conducting proceedings”.’

Full story

Hardwicke Chambers, 5th August 2016

Source: www.hardwicke.co.uk

Comments Off on Clearer on costs – Hardwicke Chambers

‘More than half’ of taxpayer challenges to HMRC decisions successful – OUT-LAW.com

‘More than half of the challenges brought by taxpayers against HM Revenue and Customs (HMRC) decisions last year were successful, according to figures obtained by Pinsent Masons, the law firm behind Out-Law.com.’

Full story

OUT-LAW.com, 23rd August 2016

Source: www.out-law.com

Comments Off on ‘More than half’ of taxpayer challenges to HMRC decisions successful – OUT-LAW.com

Successful compensation appeal by rape victim – UK Human Rights Blog

‘The Upper Tribunal has ruled that, in deciding whether or not an applicant has cooperated with the prosecution of her assailant where she made and later retracted an allegation of rape, it was necessary to see why that retraction was made and whether it was done truly voluntarily, rather than simply assessing whether she was responsible for the retraction.’

Full story

UK Human Rights Blog, 22nd August 2016

Source: www.ukhumanrightsblog.com

Comments Off on Successful compensation appeal by rape victim – UK Human Rights Blog

Yorkshire Ripper: tribunal rules Peter Sutcliffe can be sent to mainstream prison – The Guardian

Posted August 12th, 2016 in appeals, mental health, murder, news, prisons, sentencing, tribunals by sally

‘The Yorkshire Ripper, Peter Sutcliffe, who murdered 13 women during the 1970s, may be released from Broadmoor, the secure psychiatric hospital, and sent to a mainstream prison after a tribunal concluded his mental illness was under control.’

Full story

The Guardian, 12th August 2016

Source: www.guardian.co.uk

Comments Off on Yorkshire Ripper: tribunal rules Peter Sutcliffe can be sent to mainstream prison – The Guardian

New Home Office API on Gay Asylum Claims: Not Fit For Purpose – Free Movement

‘The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum claims, even though this has been held to be unlawful, as a matter of EU law, since July 2015. Having made positive strides with respect to the quality of decision-making since the public outcry over the sexually explicit methods of questioning gay asylum seekers in February 2014, in August 2016 this API will lead to sub-standard and unlawful decisions by the Home Office, and arguably Courts and Tribunals who rely on the API, leading to devastating outcomes to those returned to countries where they will suffer persecution.’

Full story

Free Movement, 8th August 2016

Source: www.freemovement.org.uk

Comments Off on New Home Office API on Gay Asylum Claims: Not Fit For Purpose – Free Movement

Council tax, periodic tenancies, and the end of L&T law avoided – Nearly Legal

Posted August 2nd, 2016 in council tax, landlord & tenant, local government, news, tribunals, valuation by tracey

‘We’ve seen the issue of who is liable for Council Tax when a tenant has left a property before the end of a periodic tenancy arise before. Here, the Upper Tribunal decided that a statutory periodic monthly tenancy following a 6 month fixed term did not amount to a ‘material interest’ of over six months such that the tenant would remain liable for Council Tax, while here in the Shropshire decision (and amusingly featuring NL) the Valuation Tribunal decided that a contractual periodic tenancy following on from a fixed term of 6 months did amount to a material interest such that the tenant remained liable.’

Full story

Nearly legal, 1st August 2016

Source: www.nearlylegal.co.uk

Comments Off on Council tax, periodic tenancies, and the end of L&T law avoided – Nearly Legal

Trevor Gray: Wife’s battle to clear wrongly jailed detective’s name – BBC News

‘A High Court judge has said a police force was wrong not to reinstate a former detective wrongly jailed for raping a woman in 2011. Trevor Gray’s wife Alison told BBC News how her family won a five-year, £150,000 battle to clear his name.’

Full story

BBC news, 30th July 2016

Source: www.bbc.co.uk

Comments Off on Trevor Gray: Wife’s battle to clear wrongly jailed detective’s name – BBC News

Judge orders SDT to try again after botched strike-out – Law Society’s Gazette

‘The High Court has ordered the Solicitors Disciplinary Tribunal to rehear a prosecution against two solicitors suspected of dishonesty.’

Full story

Law Society’s Gazette, 29th July 2016

Source: www.lawgazette.co.uk

Comments Off on Judge orders SDT to try again after botched strike-out – Law Society’s Gazette

Hostile environment – Counsel

‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’

Full story

Counsel, August 2016

Source: www.counselmagazine.co.uk

Comments Off on Hostile environment – Counsel

Reprimand for barrister who encouraged client to seek out damaging information about fellow counsel – Legal Futures

‘A barrister who encouraged a client to search online for damaging information about another member of the Bar, and then told her to deny that he had done so, has been reprimanded by a Bar disciplinary tribunal.’

Full story

Legal Futures, 27th July 2016

Source: www.legalfutures.co.uk

Comments Off on Reprimand for barrister who encouraged client to seek out damaging information about fellow counsel – Legal Futures

Unreasonable Conduct in the First-tier Tribunal – Hardwicke Chambers

Posted July 26th, 2016 in appeals, news, regulations, service charges, tribunals by sally

‘On 22 June 2016, the Upper Tribunal (Lands Chamber) gave judgment in three conjoined appeals concerning the proper interpretation of Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013; four members of Hardwicke appeared in the case. The appeals shared a number of facts: each arose out of a dispute over service charges payable under the lease of a flat; each concerned a dispute between a lessee and a tenant owned management company; and in each the award of costs was greater than the amount of service charge in issue in the proceedings.’

Full story

Hardwicke Chambers, 14th July 2016

Source: www.hardwicke.co.uk

Comments Off on Unreasonable Conduct in the First-tier Tribunal – Hardwicke Chambers

Should asylum seekers take action to avoid persecution on the ground of political opinion incorrectly attributed to them? – UK Human Rights Blog

‘The Court of Appeal dismissed the Secretary of State’s appeal challenging the Upper Tribunal’s decision that MSM would have been at risk on return to Somalia on the ground of political opinion. Exceptionally, the court went on to consider the modification of conduct issue in relation to imputed political opinion on an obiter basis, which gave rise to interesting analysis.’

Full story

UK Human Rights Blog, 22nd July 2016

Source: www.ukhumanrightsblog.com

Comments Off on Should asylum seekers take action to avoid persecution on the ground of political opinion incorrectly attributed to them? – UK Human Rights Blog

Finance & Divorce Update, July 2016 – Family Law week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.’

Full story

Family Law Week, 15th July 2016

Source: www.familylawweek.co.uk

Comments Off on Finance & Divorce Update, July 2016 – Family Law week

A judge by any other name would smell… much the same – Hardwicke Chambers

‘Did you know that a judge of the First-tier Tribunal (Property Chamber) may be able to hear a county court case and vice versa? Under a scheme being piloted at present, such a thing is indeed possible.’

Full story

Hardwicke Chambers, 13th June 2016

Source: www.hardwicke.co.uk

Comments Off on A judge by any other name would smell… much the same – Hardwicke Chambers

Sloane Stanley v Mundy and others – Tanfield Chambers

Posted July 12th, 2016 in housing, leases, news, tribunals, valuation by sally

‘The claims involved the valuation of premiums under the Leasehold Reform Housing and Urban Development Act 1993. The UTLC listed three applications for the specific purpose of considering the validity of a hedonic regression model (“the Parthenia model”) to determine leasehold relativity. The Tribunal indicated the approach to be adopted for assessing relativity for different lease lengths and commented on the use of published relativity graphs.’

Full story

Tanfield Chambers, 21st June 2016

Source: www.tanfieldchambers.co.uk

Comments Off on Sloane Stanley v Mundy and others – Tanfield Chambers

Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures

Posted July 12th, 2016 in costs, law firms, news, solicitors, time limits, tribunals by sally

‘A costs application, delayed by over five months as a result of “elementary errors” by solicitors, has been rejected as out of time by the First Tier Tax Tribunal (FTT).’

Full story

Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

Comments Off on Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures

Shoppers ‘ripped off’ by MasterCard stand to gain £400 compensation in record class action – Daily Telegraph

‘Shoppers have been ripped off by as much as £400 each due to unfair chip and pin charges in shops, lawyers preparing a historic class action case against MasterCard have claimed.’

Full story

Daily Telegraph, 6th July 2016

Source: www.telegraph.co.uk

Comments Off on Shoppers ‘ripped off’ by MasterCard stand to gain £400 compensation in record class action – Daily Telegraph

Ofcom faces High Court action by CityFibre over claims it protects BT from broadband competition – Daily Telegraph

Posted July 6th, 2016 in appeals, competition, internet, news, ombudsmen, telecommunications, tribunals by Mark L

‘Ofcom has been accused of making “ridiculous” policy decisions that will cement BT’s position in the broadband market as a “single, unassailable wholesale infrastructure provider” in a High Court challenge by alternative network builder CityFibre.’

Full story

Daily Telegraph, 5th July 2016

Source: www.telegraph.co.uk

Comments Off on Ofcom faces High Court action by CityFibre over claims it protects BT from broadband competition – Daily Telegraph

Tribunal backs refusal by transport body to disclose 2005 legal opinion – Local Government Lawyer

Posted June 28th, 2016 in disclosure, freedom of information, news, transport, tribunals by sally

‘The First-tier Tribunal has upheld a transport body’s refusal to disclose, following a freedom of information request, advice given by counsel in 2005.’

Full story

Local Government Lawyer, 27th June 2016

Source: www.localgovernmentlawyer.co.uk

Comments Off on Tribunal backs refusal by transport body to disclose 2005 legal opinion – Local Government Lawyer

Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures

‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’

Full story

Litigation Futures, 24th June 2016

Source: www.litigationfutures.com

Comments Off on Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures