Top 3 Cases – Falcon Chambers

Posted August 25th, 2023 in appeals, chambers articles, leases, news, telecommunications, tribunals by sally

‘In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month, the Court of Appeal have been busy and we were spoilt for choice! We’ve selected cases on concurrent leases under the telecoms Code, receivership, and the ability to challenge a decision by the Upper Tribunal to refuse permission to appeal from the First-tier Tribunal.’

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Falcon Chambers, 1st August 2023

Source: www.falcon-chambers.com

Council fails in Upper Tribunal appeal over mentoring support during non-term time periods – Local Government Lawyer

‘The Upper Tribunal has found that a decision made by the First-tier Tribunal regarding autism mentoring support during non-term time periods did not involve an error on a point of law.’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

Making an Application for a Remediation Contribution Order (RCO) – Tanfield Chambers

Posted August 2nd, 2023 in chambers articles, housing, landlord & tenant, news, service charges, tribunals by sally

‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Shah v Pensions Regulator: UT confirms Contribution Notice – Pensions Barrister

‘On Friday 28 July, the Upper Tribunal (Tax and Chancery Chamber) published its decision in Shah v The Pensions Regulator [2023] UKUT 00183 (TCC), in which it upheld the issue by tPR’s Determinations Panel of a contribution notice under s.38 of the Pensions Act 2004.’

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Pensions Barrister, 31st July 2023

Source: www.pensionsbarrister.com

Litigating Remediation Contribution Orders – Tanfield Chambers

Posted August 1st, 2023 in building law, chambers articles, health & safety, news, repairs, tribunals by sally

‘Rob Bowker looks at who will apply and who will pay for remediation and remediation contribution orders under the Building Safety Act 2022.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Guide to Judicial Conduct – Revised July 2023 – Courts and Tribunals Judiciary

Posted July 27th, 2023 in coroners, judiciary, magistrates, news, professional conduct, tribunals by sally

‘This Guide is intended to assist judges, tribunal members, coroners and magistrates, in relation to their conduct.’

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Courts and Tribunals Judiciary, 27th July 2023

Source: www.judiciary.uk

HMRC barred from proceedings for failing to meet disclosure obligations – OUT-LAW.com

Posted July 27th, 2023 in disclosure, fraud, HM Revenue & Customs, news, tax evasion, tribunals, VAT by sally

‘The First-tier Tax Tribunal has barred HM Revenue & Customs from taking any further part in proceedings against a taxpayer, Ebuyer (UK) Limited (Ebuyer), because of its failures to comply with directions – an “unless order” – issued by the tribunal.’

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OUT-LAW.com, 25th July 2023

Source: www.pinsentmasons.com

Contractual costs in the Tribunal & County Court, with a guest appearance – Nearly Legal

Posted July 11th, 2023 in costs, county courts, leases, news, service charges, solicitors, tribunals by sally

‘The underlying proceedings were a small claim in the County Court by Crescent (via Davidoff as agent) for unpaid service charges against Mr Behjat as leaseholder. It was, apparently, transferred to the FTT for determination of payability and reasonableness of the service charges. It appears that there was then a Tribunal decision, and simultaneous County Court order made by the Tribunal judge sitting as a county court judge.’

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Nearly Legal, 10th July 2023

Source: nearlylegal.co.uk

What’s in a name? “A lot”, the press would answer – 4 New Square

‘There has been a spate of recent cases where professionals involved as respondents in disciplinary proceedings have sought anonymity orders in their favour. Helen Evans KC and Richard O’Brien explore whether a divide is emerging between the approach adopted by courts compared with tribunals. They also look some of the practical pitfalls of anonymity orders protecting respondents, as well as considering the position of witnesses and other third parties.’

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4 New Square, July 2023

Source: www.4newsquare.com

MoJ sets up online procedure rule committee for Civil, Family and Tribunal jurisdictions – Local Government Lawyer

‘The Ministry of Justice (MoJ) has launched a new committee to help guide judges, legal representatives and litigants through online court procedures.’

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Local Government Lawyer, 13th June 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal on credibility, standard of proof and appellate court’s role – EIN Blog

Posted June 8th, 2023 in appeals, asylum, news, standard of proof, tribunals by tracey

‘MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 (28 February 2023). The central issue in this appeal was whether the Upper Tribunal was entitled to reach the conclusion that the appellant’s claim for international protection failed because of his lack of credibility.’

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EIN Blog, 7th June 2023

Source: www.ein.org.uk

SRA to publish salaries of fined solicitors – Legal Futures

‘The Solicitors Regulation Authority (SRA) is to publish the salaries of the solicitors it fines and impose ‘default salaries’ on those who refuse to reveal them.’

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Legal Futures, 1st June 2023

Source: www.legalfutures.co.uk

SDT refused to disclose witness statements in sexual misconduct case – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) refused to disclose the witness statements of three young women who gave evidence of sexual misconduct by City lawyer Oliver Bretherton to journalists, it has emerged.’

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Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

High Court Considers Cart JR Ouster Clause – EIN Blog

‘Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for judicial review; essentially a ‘Cart JR’ following the partial ouster of the High Court’s ‘Cart’ jurisdiction by the coming into force of section 2 of the Judicial Review and Courts Act 2022 on 14 July 2022.’

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EIN Blog, 9th May 2023

Source: www.ein.org.uk

First-Tier Tribunal Finds Jamiyate Ulamaye Islam and Hefazat-e-Islam Activist in the UK at Risk of Persecution in Bangladesh – EIN Blog

Posted April 20th, 2023 in appeals, asylum, Bangladesh, news, political parties, refugees, tribunals by sally

‘A recent Immigration and Asylum First-tier Tribunal appeal involving a Bangladeshi political activist has highlighted the dangers faced by opposition figures in the country and the importance of providing asylum to those in need of protection. According to the UNHCR Global Trends Report 2021, there are currently 26 million refugees worldwide, with more than 80% hosted in developing countries.’

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EIN Blog, 19th April 2023

Source: www.ein.org.uk

R (Milburn) v Local Government and Social Care Ombudsman – St John’s Buildings

‘In R (Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207, the Court of Appeal upheld the decision of HHJ Sephton KC (sitting as a Deputy Judge of the High Court) that the Claimant’s complaints regarding the local authority’s conduct in an appeal before the First-Tier Tribunal (Special Educational Needs and Disability) well within the remit of the Tribunal, and therefore fell outside of the Ombudsman’s jurisdiction due to s.26(6) of the Local Government Act 1974.’

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St John's Buildings, 15th March 2023

Source: stjohnsbuildings.com

UK competition court halts class action claim against Meta – OUT-LAW.com

‘The UK’s Competition Appeal Tribunal (CAT) has paused the progress of a class action against Facebook’s parent company, Meta, amid concerns over the validity of the methodology used to calculate potential damages.’

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OUT-LAW.com, 1st March 2023

Source: www.pinsentmasons.com

Covid: Powys doctor given nine-month ban for false claims – BBC News

Posted January 31st, 2023 in coronavirus, disciplinary procedures, doctors, news, standards, tribunals by tracey

‘A private doctor who put false claims about Covid-19 treatments online has been banned from practising for nine months after a medical tribunal.’

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BBC News, 30th January 2023

Source: www.bbc.co.uk

Mother wins legal battle over tribunal’s refusal to say why son’s killer was discharged from hospital – The Guardian

‘A woman has won a legal battle against a mental health tribunal over its refusal to provide her with the the reasons for releasing her son’s killer into the community.’

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The Guardian, 25th January 2023

Source: www.theguardian.com

Eamonn Holmes in challenge to tax tribunal ruling over ’employee’ status at ITV – The Independent

Posted January 19th, 2023 in appeals, income tax, media, national insurance, news, self-employment, tribunals by tracey

‘Television presenter Eamonn Holmes is challenging a tribunal ruling that concluded he should be treated as an ITV employee for tax reasons when he presented This Morning.’

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The Independent, 15th January 2023

Source: www.independent.co.uk