Competition Appeal Tribunal decision to refuse biggest-ever class action “not susceptible to appeal” – Litigation Futures

Posted October 5th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by tracey

‘The Competition Appeal Tribunal (CAT) has refused solicitor Walter Merricks permission to appeal its decision to deny him a collective proceedings order (CPO) that would allow him bring a £14bn action against Mastercard on behalf of 46m people.’

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Litigation Futures, 4th October 2017

Source: www.litigationfutures.com

Consultation launched into new right of appeal at Investigatory Powers Tribunal – Home Office

Posted October 3rd, 2017 in appeals, consultations, investigatory powers, news, tribunals by sally

‘A public consultation on draft rules governing proceedings at the Investigatory Powers Tribunal has been launched today [29 September] by Security Minister Ben Wallace.’

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Home Office, 29th September 2017

Source: www.gov.uk

Legal Services Board told not to force lower disciplinary standard of proof “through the back door” – Legal Futures

‘The Legal Services Board (LSB) has been warned against trying to force the introduction of the civil standard of proof in the Solicitors Disciplinary Tribunal (SDT) without proper consultation.’

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Legal Futures, 29th September 2017

Source: www.legalfutures.co.uk

Council agrees to review 500+ benefit applications after tribunal appeal delays – Local Government Lawyer

Posted September 28th, 2017 in appeals, benefits, delay, news, social security, tribunals by sally

‘A city council has agreed to review more than 500 benefit applications after the Local Government and Social Care Ombudsman found delays in its appeals process.’

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Local Government Lawyer, 27th September 2017

Source: www.localgovernmentlawyer.co.uk

SDT finally publishes Leigh Day judgment – Law Society’s Gazette

‘The Solicitors Disciplinary Tribunal today published the long-awaited judgment on human rights firm Leigh Day and three of its lawyers.’

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Law Society's Gazette, 26th September 2017

Source: www.lawgazette.co.uk

Software tools can benefit from VAT exemption, rules UK Tribunal – OUT-LAW.com

Posted September 19th, 2017 in computer programs, EC law, news, tribunals, VAT by tracey

‘A software tool can qualify for a VAT exemption, the UK’s First Tier Tribunal has ruled, rejecting arguments from HMRC that the provision of IT tools cannot benefit from an exemption in the EU VAT Directive.’

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OUT-LAW.com, 18th September 2017

Source: www.out-law.com

Council wins test appeal case against lettings agency ‘administration fees’ – Local Government Lawyer

Posted September 19th, 2017 in appeals, fees, landlord & tenant, local government, news, tribunals by tracey

‘Camden Council has successfully appealed to the Upper Tribunal against a leading estate agency, Foxtons, using the term “administration fees” in their lettings agency work.’

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Local Government Lawyer, 18th September 2017

Source: localgovernmentlawyer.co.uk

Law firm faces £68,000 VAT bill after tribunal rules electronic property search fees are not disbursements – Legal Futures

‘A leading north-west law firm has been ordered to pay £68,000 in VAT for electronic local authority property searches it procured from an agency, after a tribunal ruled that they should not have been treated as disbursements.’

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Legal Futures, 18th September 2017

Source: www.legalfutures.co.uk

Judges order fresh hearing in row over damage caused by protected tree – Local Government Lawyer

Posted September 13th, 2017 in appeals, compensation, local government, news, trees, tribunals by tracey

‘The Upper Tribunal (Lands Chamber) must reconsider a case in which it awarded compensation of £25,000 against South Gloucestershire Council over damage caused by an oak made subject to a tree preservation order (TPO), the Court of Appeal has ruled.’

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Local Government Lawyer, 13th September 2017

Source: localgovernmentlawyer.co.uk

Tribunal urges SRA to reconsider advice on solicitors entering sexual relationships with clients – Legal Futures

‘The Solicitors Regulation Authority (SRA) should reconsider the advice it gives to solicitors who enter into sexual relationships with clients, a tribunal has said as it fined one £8,500 for the conflict of interest such a relationship caused.’

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Legal Futures, 4th September 2017

Source: www.legalfutures.co.uk

Speech by Judge Mark Hinchliffe – Compulsory mental health treatment: When should judges get involved? – Courts and Tribunals Judiciary

Posted August 31st, 2017 in consent, judges, mental health, speeches, tribunals by tracey

‘Speech by Judge Mark Hinchliffe – Compulsory mental health treatment: When should judges get involved?.’

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Courts and Tribunals Judiciary, 29th August 2017

Source: www.judiciary.gov.uk

Connor Sparrowhawk mother attacks ‘barbaric’ treatment by tribunal – The Guardian

Posted August 29th, 2017 in bereavement, health, mental health, news, psychiatric damage, tribunals by tracey

‘The mother of a vulnerable teenager who suffered a seizure and drowned in a bath at an NHS care unit has called for an overhaul of medical tribunals, saying she felt “retraumatised” after participating in a two-week hearing into her son’s death.’

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The Guardian, 29th August 2017

Source: www.theguardian.com

Collective (in)action? The CAT’s recent judgments on collective proceedings orders – Blackstone Chambers

Posted August 22nd, 2017 in appeals, class actions, competition, news, tribunals by sally

‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.

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Blackstone Chambers, 7th August 2017

Source: www.blackstonechambers.com

JLK Limited v Emmanuel Chiedu Ezekwe (and others) [2017] UKUT 277 (LC) – Tanfield Chambers

Posted August 22nd, 2017 in appeals, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal upheld the First Tier Tribunal’s decision that units of accommodation designed for students were ‘dwellings’, but overturned the decision that such units were ‘separate dwellings’. As such, the FTT did not have jurisdiction to determine the amount of service charges payable by the units’ leaseholders under sections 18 to 30 of the Landlord and Tenant Act 1985.’

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Tanfield Chambers, 31st July 2017

Source: www.tanfieldchambers.co.uk

CAT on a Hot Tin Roof: The implications for group actions of the MasterCard decision – Henderson Chambers

Posted August 22nd, 2017 in appeals, class actions, competition, damages, news, tribunals by sally

‘On 21 July, the Competition Appeal Tribunal (CAT) issued its decision dismissing an application for a collective proceedings order (“CPO”) in the MasterCard litigation (Walter Merricks v MasterCard Inc & ors [2017] CAT 16). It is a decision whose significance goes beyond the fact that it is a further illustration of the difficulties of advancing opt-out class actions. It remains the case that, despite nearly two years having elapsed since implementation of schedule 8 of the Consumer Rights Act 2015, no CPO has been made, nor is one likely to be made at any time soon. Whilst the decision is subject to Mr Merricks’ right of appeal, this alerter briefly considers the implications for the management of class actions. In very broad terms, the decision underlines the requirements of a high level of precision and a sound and principled evidential basis in relation to: (1) the definition of the class; (2) the calculation of aggregate class damages; (3) the means for distributing damages within the class; and (4) the elements of a funding agreement.’

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Henderson Chambers, 25th July 2017

Source: www.hendersonchambers.co.uk

Appeal to proceed in £14bn landmark Mastercard action – Law Society’s Gazette

Posted August 15th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by sally

‘A record-breaking £14bn collective action against Mastercard is set to rumble on after the former ombudsman who brought the case on behalf of 46 million consumers seeks to appeal last month’s Competition Appeal Tribunal ruling.’

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Law Society's Gazette, 14th August 2017

Source: www.lawgazette.co.uk

Collective (in)action? The CAT’s recent judgments on collective proceedings orders – Competition Bulletin

‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.’

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Competition Bulletin, 4th August 2017

Source: competitionbulletin.com

UK judges rule DWP wrong to deny appeals over refused benefits – The Guardian

‘The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled.’

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The Guardian, 4th August 2017

Source: www.theguardian.com

Bar disciplinary tribunal panel recuses itself after barrister complains of bias – Legal Futures

Posted July 25th, 2017 in adjournment, barristers, disciplinary procedures, news, recusal, tribunals by sally

‘The panel of a Bar disciplinary tribunal has taken the highly unusual step of recusing itself after an allegation that it had shown actual or apparent bias against the defendant barrister, Legal Futures can reveal.’

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Legal Futures, 25th July 2017

Source: www.legalfutures.co.uk

Regulator secures record £250k fine against global firm White & Case – Law Society’s Gazette

‘The Solicitors Disciplinary Tribunal has approved a fine of £250,000 on international firm White & Case for failures over conflict of interest and client confidentiality. The penalty is the biggest ever issued against a single firm at the tribunal and followed an investigation by the Solicitors Regulation Authority.’

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Law Society's Gazette, 19th July 2017

Source: www.lawgazette.co.uk