No human rights issues to be raised in EEA appeals, confirms Court of Appeal – Free Movement

Posted May 22nd, 2017 in appeals, EC law, human rights, immigration, news, reasons, tribunals by tracey

‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’

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Free Movement, 19th May 2017

Source: www.freemovement.org.uk

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UK law found to be more generous than EU law for jobseekers acquiring permanent residence – Free Movement

‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’

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Free Movement, 22nd May 2017

Source: www.freemovement.org.uk

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Tribunal refuses call to order disclosure of counsel’s opinion obtained by county – Local Government Lawyer

Posted May 16th, 2017 in disclosure, local government, news, solicitors, tribunals by sally

‘A First-Tier Tribunal has refused a call from a retired solicitor to order a county council to disclose counsel’s opinion.’

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Local Government Lawyer, 15th May 2017

Source: www.localgovernmentlawyer.co.uk

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Southwark LBC v Akhtar and Stel LLC – Arden Chambers

‘The Upper Tribunal has held that an estimated service charge that had not been demanded in accordance with a lease would not have been payable but for the lessee taking out a loan from the lessor to pay it and thereby waiving strict compliance with the terms of the lease; s.7, Interpretation Act 1978 does not apply to notices served under the Landlord and Tenant Act 1985 unless a lease provides that s.196 Law of Property Act 1925 is to apply to the service of notices’

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Arden Chambers, 20th April 2017

Source: www.ardenchambers.com

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Barrister with history of failing to co-operate with BSB and LeO suspended for two years – Legal Futures

‘A commercial barrister has been suspended from practice for failing to comply with an order of the Legal Ombudsman (LeO) and requests from his own regulator, only two years after a series of similar findings as well as a suspension for handling client money when he should not have done.’

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Legal Futures, 8th May 2017

Source: www.legalfutures.co.uk

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Judge quashes grant of planning permission for residential gypsy site – Local Government Lawyer

Posted May 2nd, 2017 in gipsies, local government, news, planning, tribunals, Wales by sally

‘A Deputy High Court judge has quashed a Welsh council’s grant of temporary planning permission for the use of land as a residential gypsy site.’

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Local Government Lawyer, 2nd May 2017

Source: www.localgovernmentlawyer.co.uk

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The Tribunal’s enforcer – Nearly Legal

Posted April 27th, 2017 in enforcement, housing, injunctions, news, tribunals by sally

‘In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of its order it required that Canary Riverside Management Ltd must, amongst other things, provide copy documents (accounts, invoices, etc) to Mr Coates. Mr Coates contended that this order had not been complied with and brought a claim in the County Court for an injunction against Canary Riverside Management Ltd seeking to enforce the management order. The County Court made an injunction, with a penal notice attached, restraining Canary Riverside Management Ltd from
1. Changing any locks to the premises;
2. Removing any property from the premises;
3. Interfering with the manager’s exercise of his obligations under the management order.’

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Nearly Legal, 26th April 2017

Source: www.nearlylegal.co.uk

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Council wins right to redact more info from variation agreement to waste contract – Local Government Lawyer

‘A county council has won an appeal to the First-Tier Tribunal over a decision by the Information Commissioner’s Office that it was not entitled to redact certain information in a variation agreement to a waste disposal contract.’

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Local Government Lawyer, 24th April 2017

Source: www.localgovernmentlawyer.co.uk

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Lawyers must be able to bring cases against government ‘without fear of reprisals’ – The Guardian

‘Lawyers must be able to bring cases against the government “without fear of recrimination or reprisals”, the high-profile solicitors’ firm Leigh Day has declared on the eve of its trial for alleged professional misconduct.’

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The Guardian, 24th April 2017

Source: www.guardian.co.uk

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Compensation following fatal stabbing: Human rights and the CICA: “Double Recovery” not allowed – Zenith PI Blog

‘The decision of the Upper Tribunal in VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil proceedings when there may be an easier (and cheaper) alternative of an application under the Criminal Injuries Compensation Scheme.’

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Zenith PI Blog, 19th April 2017

Source: www.zenithpi.wordpress.com

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New fast-track immigration appeal rules proposed – Ministry of Justice

‘A new fast-track system to speed up immigration and asylum appeals for those in detention has been drawn up.’

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Ministry of Justice, 18th April 2017

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

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Tribunal lays out Clyde & Co’s “glaring” failures – Legal Futures

‘The failures which led to a record fine for Clyde & Co were “particularly glaring” as it was “a large and, previously, reputable firm”, the Solicitors Disciplinary Tribunal (SDT) has declared in approving the sanction.’

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Legal Futures, 19th April 2017

Source: www.legalfutures.co.uk

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Fast-track immigrations proposals ‘put speed before justice’ – Law Society’s Gazette

Posted April 19th, 2017 in appeals, asylum, deportation, detention, immigration, Law Society, news, tribunals by tracey

‘Accelerating appeals for detained asylum seekers risks putting speed before justice, the Law Society has warned, after justice secretary Liz Truss unveiled a new system she says will save taxpayers an estimated £2.7m.’

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Law Society’s Gazette, 18th April 2017

Source: www.lawgazette.co.uk

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Justice Secretary Liz Truss to speed up appeals lodged by asylum seekers and foreign criminals – The Independent

Posted April 18th, 2017 in appeals, asylum, deportation, news, tribunals by sally

‘Thousands of appeals lodged by asylum seekers and foreign criminals attempting to remain in Britain will be fast tracked under proposals being brought forward by Liz Truss, the Justice Secretary.’

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The Independent, 18th April 2017

Source: www.independent.co.uk

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Jehovah’s Witnesses lose appeal to block New Moston inquiry – Law & Religion UK

‘In Tayo & Ors (Trustees of Manchester New Moston Congregation of Jehovah’s Witnesses) v Charity Commission for England and Wales [2017] UKUT 134 (TCC), the trustees of Manchester New Moston Congregation of Jehovah’s Witnesses lost their appeal against the First Tier Tribunal’s refusal in 2015 – which we noted at the time – to review the Charity Commission’s decision to open a statutory inquiry into the charity under s 46 Charities Act 2011.’

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Law & Religion UK, 5th April 2017

Source: www.lawandreligionuk.com

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Tribunal judge overturns listing of allotment site as an asset of community value – OUT-LAW.com

Posted April 11th, 2017 in appeals, commons, housing, local government, news, tribunals by sally

‘A tribunal has overturned the listing of an allotment site in Lancashire as an asset of community value (ACV), on the grounds that nearby housing development makes it “highly unrealistic” that the site will ever be used as allotments again.’

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OUT-LAW.com, 11th April 2017

Source: www.out-law.com

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Somebody else’s money – Nearly Legal

‘Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council carried out city wide major works, which included works on the Lansdown Estate. Some of the works were eligible for a contribution from a commercial energy company as part of the Community Energy Savings Programme (“CESP”). In total 15 of the 25 blocks on the Lansdowne Estate were eligible to receive CESP funding. The contribution to Ms Oliver’s block was £43,570.44. The Council decided not to pass the CESP directly to the leaseholders as a set off against their service charge contributions. Rather, the Council decided to attribute the money to the funding of works to its city-wide housing stock. The effect of this was that every leaseholder’s service charge was reduced irrespective of whether their block had been entitled to CESP funding.’

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Nearly Legal, 10th April 2017

Source: www.nearlylegal.co.uk

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Collective Proceedings in the CAT: mobility scooters roll on for now – Competition Bulletin from Blackstone Chambers

‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’

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Competition Bulletin from Blackstone Chambers, 6th April 2017

Source: www.competitionbulletin.com

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The Calumny of Bankers: Who’d be a Senior Manager now? – Littleton Chambers

‘In 1494 Botticelli completed painting “the Calumny of Apelles.” It depicts an innocent painter, Apelles, who has been wrongly accused of capital crimes, dragged before the King’s throne by personifications of Slander, Ignorance, Suspicion and Envy. It hangs in the Uffizi today and is thought to have been commissioned by a Florentine banker. In the story Apelles is pardoned from death at the last minute when a third party tells the king that he could not possibly have committed the offence, but the painting captures the moment when Apelles seems inevitably about to meet a sticky end, surrounded and almost entirely enveloped by Slander, Ignorance and Suspicion. Was this commissioned by a worried banker, concerned that he might meet his professional end without the ability to put the record straight or see the underlying disclosure? In Renaissance Florence this is unlikely but it does seem to reflect (at least some) of the anxieties of those who work in regulated professions today, that they may be hampered from obtaining future employment because of their previous employer’s interactions with a regulator.’

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Littleton Chambers, 3rd April 2017

Source: www.littletonchambers.com

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Dove v Havering LBC – Arden Chambers

‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’

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Arden Chambers, 16th March 2017

Source: www.ardenchambers.com

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