Losing in CAT “not enough” for costs order against regulator – Litigation Futures

Posted May 27th, 2020 in competition, costs, medicines, news, tribunals by sally

‘The starting point in the Competition Appeal Tribunal (CAT) is that no order for costs should be made against an unsuccessful regulator acting purely in its regulatory capacity, the Court of Appeal has ruled.’

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Litigation Futures, 26th May 2020

Source: www.litigationfutures.com

Publication and correction of judgments – official and unofficial sources – Transparency Project

Posted April 29th, 2020 in courts, internet, judgments, judiciary, Ministry of Justice, news, tribunals by sally

‘Who is responsible for publishing the official approved version of judgments of the courts? Where should we look to find the latest, in some cases corrected, version of a court judgment? These are not new questions, but the sudden swerve to virtual justice has thrown them into new focus.’

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Transparency Project, 29th April 2020

Source: www.transparencyproject.org.uk

Tribunals & COVID-19 First-tier & Upper Tribunals, and Traffic Commissioners – Henderson Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, live link evidence, news, tribunals by sally

‘Much has been said in relation to the steps being taken to keep the criminal and civil courts going, but what’s going on in the First-tier and Upper Tribunals, as well as before the Traffic Commissioners?’

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Henderson Chambers, 20th April 2020

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Covid-19 and the immigration tribunals: a working guide for representatives – 1MCB Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, immigration, news, tribunals by sally

‘The guide provides an overview of some of the key challenges, as well as practical advice for making applications and submissions within the new procedural framework. Summaries of applicable case law and links to guidance and additional resources are also included.’

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1MCB Chambers, April 2020

Source: 1mcb.com

Judge orders fresh hearing in dispute over disclosure of advice to council on tactics in negotiations with supermarket giant – Local Government Lawyer

‘An Upper Tribunal judge has set aside a decision by a First-tier Tribunal (FTT) that upheld – after a freedom of information request – the withholding of an agent’s advice to a local authority on the tactics it should apply in negotiations with Tesco over a proposed development.’

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Local Government Lawyer, 20th April 2020

Source: www.localgovernmentlawyer.co.uk

Oung Lin Chaun-Hui & Ors v K Group Holdings Inc & Ors – Tanfield Chambers

Posted April 20th, 2020 in chambers articles, housing, landlord & tenant, news, service charges, tribunals by sally

‘The Upper Tribunal considered the status of service charges recovered by a manager appointed under section 24 of the Landlord and Tenant Act 1987.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Oral hearings – who needs them? – Doughty Street Chambers

Posted April 17th, 2020 in chambers articles, immigration, news, oral hearings, tribunals by sally

‘The Upper Tribunal’s ‘Presidential Guidance Note No 1 2020: Arrangements During The COVID-19 Pandemic’ envisages moving, in immigration and asylum cases, to a system where the UT may decide certain matters on the papers and without a hearing. At the moment these are limited to (i) whether the First-tier Tribunal made an error of law and (ii) if it did, whether its decision should be set aside.’

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Doughty Street Chambers, 9th April 2020

Source: insights.doughtystreet.co.uk

Holding and Management (Solitaire) Limited v Leslie Stafford Miller [2019] UKUT 402 (LC) – Tanfield Chambers

‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers

‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Tribunal stays information rights cases for 28 days – Local Government Lawyer

‘The First-Tier Tribunal General Regulatory Chamber (Information Rights) has – with immediate effect – stayed for a period of 28 days all proceedings under section 48 of the Data Protection Act 1998, section 162 of the Data Protection Act 2018 and section 57 of the Freedom of Information Act 2000.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Council wins appeal over tribunal ruling requiring it to issue caravan site licence- Local Government Lawyer

Posted April 3rd, 2020 in appeals, interpretation, local government, news, planning, tribunals by sally

‘The First-tier Tribunal (FTT) acted irrationally and put a council in an impossible position when it ordered it to issue a caravan site licence, the Upper Tribunal (Lands Chamber) has decided.’

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Local Government Lawyer, 2nd April 2020

Source: www.localgovernmentlawyer.co.uk

Network of priority courts launched for essential face-to-face hearings – Local Government Lawyer

Posted March 31st, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘The Ministry of Justice, HM Courts and Tribunals Service and the judiciary have created a network of 157 priority courts and tribunal buildings that will remain open for essential face-to-face hearings during the coronavirus pandemic to make sure the justice system continues to operate effectively.’

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Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Majority of courts to close from Monday – Litigation Futures

Posted March 30th, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘Fewer than half of courts and tribunals will remain open for face-to-face hearings as part of efforts to maintain a “core justice system focused on the most essential cases”, the government has announced.’

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Litigation Futures, 27th March 2020

Source: www.litigationfutures.com

Upper Tribunal cuts £572k civil penalties in housing case by 70% – Local Government Lawyer

Posted March 27th, 2020 in appeals, housing, local government, news, notification, penalties, tribunals by sally

‘The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rules on burden of proof when statutory defence to HMO offence is pleaded – Local Government Lawyer

‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Landlord fails in Upper Tribunal appeal over requirement to attend training on tenancy management – Local Government Lawyer

Posted March 26th, 2020 in appeals, landlord & tenant, licensing, news, tribunals by sally

‘The Upper Tribunal has rejected an appeal by a landlord over the imposition of a condition on his licence requiring him to attend training on how to manage tenancies.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Landowner loses Upper Tribunal appeal over certificate of appropriate alternative development for site acquired for link road – Local Government Lawyer

Posted March 25th, 2020 in appeals, local government, news, planning, roads, tribunals by sally

‘The owner of a field that was compulsorily acquired to provide land for the construction of a link road has lost his appeal over the certificate of appropriate alternative development he was given.’

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Local Government Lawyer, 23rd March 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

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Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

Icebergs Avoided: Navigating the s23 Case Law – Panopticon

Posted March 20th, 2020 in appeals, disclosure, freedom of information, news, tribunals by sally

‘Anyone who has had a FOIA case in the national security space will have faced the near-impossible task of trying to work out what on earth Corderoy & Ahmed v Information Commissioner & Attorney General & Cabinet Office [2017] UKUT 495 (AAC) means; a front-runner for most impenetrable Upper Tribunal decision on FOIA. Now Judge Markus QC has had a go at squaring the circle in Lownie v Information Commissioner & Foreign and Commonwealth Office & The National Archives [2020] UKUT 32 (AAC).’

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Panopticon, 19th March 2020

Source: panopticonblog.com

It’s Not Your Vault: Adverse Possession in King & Anor v The Benefice of Newburn In the Diocese of Newcastle – Hardwicke Chambers

‘According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in ownership of the land since compulsory registration on sale of land was introduced.’

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Hardwicke Chambers, 3rd March 2020

Source: hardwicke.co.uk