Joanna Bell: Digging for Information about Cart JRs – UK Constitutional Law Association

Posted April 1st, 2021 in judicial review, Ministry of Justice, news, statistics, tribunals by tracey

‘Anyone who has ever tried to study judicial review in England and Wales empirically knows it is a little like digging for gold without a metal detector: it is difficult to know where to dig and there is also no guarantee that you will find what you are looking for.’

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UK Constitutional Law Association, 1st April 2021

Source: ukconstitutionallaw.org

Tribunal rejects solicitor appeal against £1,000 SRA fine – Legal Futures

Posted March 31st, 2021 in appeals, disciplinary procedures, fines, news, solicitors, tribunals by tracey

‘The Solicitors Disciplinary Tribunal (SDT) has rejected an appeal by a solicitor against a £1,000 fine imposed by the Solicitors Regulation Authority (SRA) for breaching a written agreement he made during probate litigation.’

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Legal Futures, 31st March 2021

Source: www.legalfutures.co.uk

Arrears, conduct and Tribunal discretion on RRO awards – Nearly Legal

Posted March 22nd, 2021 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by tracey

‘Awad v Hooley (2021) UKUT 55 (LC). This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here.’

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Nearly Legal, 21st March 2021

Source: nearlylegal.co.uk

Rent Repayment Order miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, repayment, time limits, tribunals by tracey

‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

Leasehold miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

Court of Appeal upholds rejection of CAAD appeal but rules Upper Tribunal did not have power to make costs order – Local Government Lawyer

Posted February 25th, 2021 in compulsory purchase, costs, local government, news, planning, tribunals by sally

‘The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.’

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Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

BLM UK to fund ‘people’s tribunal’ for deaths in custody – The Guardian

Posted February 18th, 2021 in death in custody, news, police, prisons, tribunals by sally

‘Black Lives Matter UK has announced £45,000 of funding to the United Families and Friends Campaign to set up a “people’s tribunal” for deaths in custody.’

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The Guardian, 17th February 2021

Source: www.theguardian.com

Tribunal explains three-month suspension for “sexual touching” barrister – Legal Futures

‘The actions of a barrister suspended for three months for the “intentional sexual touching” of two junior colleagues could amount to sexual assault and unlawful harassment, a tribunal has found.’

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Legal Futures, 17th February 2021

Source: www.legalfutures.co.uk

Remote justice and Tribunal case management – Doughty Street Chambers

‘In GL v Elysium Healthcare Upper Tribunal Judge Kate Markus has provided a helpful reminder of the importance of maintaining standards of fairness in the remote environment.’

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Doughty Street Chambers, 12th January 2021

Source: insights.doughtystreet.co.uk

Another SRA prosecution fails but regulator avoids costs order – Legal Futures

The Solicitors Regulation Authority (SRA) was justified in prosecuting two law firm partners even though all of the allegations were dismissed, a tribunal has ruled.

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Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Court and tribunal buildings are safe, insists acting chief executive of HMCTS – Local Government Lawyer

Posted January 20th, 2021 in coronavirus, courts, health & safety, HM Courts Service, news, tribunals by sally

‘Buildings operated by HM Courts and Tribunals Service are safe for those that need to use them, the organisation’s acting chief executive has insisted.’

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Local Government Lawyer, 19th January 2021

Source: www.localgovernmentlawyer.co.uk

Lost on (civil) penalties: Sutton v Norwich in the Court of Appeal – Nearly Legal

Posted January 15th, 2021 in appeals, housing, local government, news, penalties, tribunals by tracey

‘Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020.Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ.

In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton.

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Nearly Legal, 14th January 2021

Source: nearlylegal.co.uk

And he’s not there… – Nearly Legal

Posted December 16th, 2020 in appeals, drug offences, housing, landlord & tenant, leases, news, noise, nuisance, trespass, tribunals by tracey

‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’

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Nearly Legal, 13th December 2020

Source: nearlylegal.co.uk

MoJ plans to cut “hopeless” Upper Tribunal appeals – Litigation Futures

‘The current test for appeals from the Upper Tribunal to the Court of Appeal is “not strict enough to prevent misuse” of the system by those wanting to benefit from delays caused by “hopeless challenges”, the Ministry of Justice (MoJ) has said.’

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Litigation Futures, 7th December 2020

Source: www.litigationfutures.com

Who has jurisdiction and under what circumstances? – Falcon Chambers

‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.’

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Falcon Chambers, 2nd November 2020

Source: www.falcon-chambers.com

Land-use Conflict – Supreme Court Rules on the Discharge of Restrictive Covenants: Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 – 39 Essex Chambers

‘The appeal in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 was the first time that either the Supreme Court or the House of Lords had considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The case confirms important principles affecting the interplay between private law property rights, planning and land use. Lord Burrows, giving the only substantive judgment of the Supreme Court, agreed with the Court of Appeal that the Upper Tribunal’s decision was wrong, but disagreed in a number of important respects with the speech of Sales LJ (as he then was) in the Court of Appeal ([2018] EWCA Civ 2679). For a number of reasons, it is likely that we shall be reading and re-reading this Supreme Court decision for many years to come.’

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39 Essex Chambers, 9th November 2020

Source: www.39essex.com

High Court overturns “flawed” SDT decision to clear solicitor – Legal Futures

Posted November 17th, 2020 in costs, fraud, news, solicitors, Solicitors Regulation Authority, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) “fell into serious error” in finding no case to answer against a solicitor accused of making a fraudulent costs claim, the High Court has ruled.’

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Legal Futures, 17th November 2020

Source: www.legalfutures.co.uk

The Additional Learning Needs and Education Tribunal (Wales) Act 2018: An update – 3PB

Posted November 10th, 2020 in education, legislation, news, special educational needs, tribunals, Wales by sally

‘Two key events have taken place in the last week in relation to The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”): the publication of a commencement order and the publication of the Additional Learning Needs Co-ordinator (Wales) Regulations. This article considers both documents, concluding that, based on the limited information available they do not help clarify the confusion amongst practitioners as to the details of the forthcoming special needs regime in Welsh schools.’

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3PB, 4th November 2020

Source: www.3pb.co.uk

Rent Repayment Orders – the Upper Tribunal is firm – Nearly Legal

Posted October 26th, 2020 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by sally

‘This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) (our report) and this appeal succeeded pretty much on that basis alone – the FTT decision was wrong in law in the way the Tribunal had approached the award – but it also involves the UT putting down another firm marker to FTTs on the correct approach to awards in rent repayment orders.’

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Nearly Legal, 24th October 2020

Source: nearlylegal.co.uk

Court to rule on UK freedom of information bids from overseas – The Guardian

‘The rights of those living abroad to submit freedom of information requests are to be tested in court after more than a dozen cases – including one relating to Julian Assange’s extradition – were blocked. A combined hearing involving the Home Office, Metropolitan police, the Information Commissioner’s Office (ICO) and 13 separate cases is to be held at an information tribunal in London.’

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The Guardian, 6th October 2020

Source: www.theguardian.com