Council wins rare appeal to Upper Tribunal over Right to Buy exemption – Local Government Lawyer

Posted July 19th, 2018 in appeals, elderly, housing, local government, news, tribunals by tracey

‘Milton Keynes Council was won a rare appeal under the right to buy legislation in a dispute over whether the property in question was particularly suitable for occupation by elderly persons.’

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Local Government Lawyer, 19th July 2018

Source: www.localgovernmentlawyer.co.uk

HMRC seeking ‘unprecedented’ information request powers – OUT-LAW.com

‘HM Revenue and Customs (HMRC) in the UK is seeking “unprecedented” powers to obtain information about taxpayers without independent oversight from the tax tribunal, a tax expert has said.’

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OUT-LAW.com, 12th July 2018

Source: www.out-law.com

One court, one judiciary? – New Law Journal

Posted July 10th, 2018 in civil justice, courts, dispute resolution, judiciary, news, tribunals by sally

‘Steven Gasztowicz QC considers the radical question of whether there could ever be ‘one civil court’ & ‘one judiciary’.’

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New Law Journal, 6th July 2018

Source: www.newlawjournal.co.uk

Doctor who left date paralysed in car crash kept his job after he used medical knowledge to try help her walk again – Daily Telegraph

‘A doctor who left his date paralysed in a car crash kept his job after a tribunal heard he used medical knowledge to try and help her walk again.’

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Daily Telegraph, 20th June 2018

Source: www.telegraph.co.uk

Appealing adjournments in misconduct hearings – UK Police Law Blog

Posted June 15th, 2018 in adjournment, appeals, case management, news, police, tribunals by tracey

‘Challenges to a failure to adjourn seem to be popping-up at the moment. There was the recent decision of the Court of Appeal in Solanki v (1) Intercity Telecom Ltd (2) Guidinglight Finance Ltd [2018] EWCA Civ 101 – where a judge had failed to give adequate reasons for rejecting medical evidence justifying an adjournment. By contrast, in the recent decision of Lindsay v Solicitors’ Regulatory Authority [2018] EWHC 1275 (Admin), the respondent in misconduct proceedings failed to advance adequate evidence to support such an application. What lies deeper beneath, however, is whether an appeal against a decision not to adjourn requires the appellate court or tribunal to consider whether the original decision lay within the range of reasonable responses open to the decision maker below or, alternatively, has to determine the question of fairness / correctness itself.’

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UK Police Law Blog, 15th June 2018

Source: ukpolicelawblog.com

Speech by The Right Hon. The Lord Burnett of Maldon: The Age of Reform – Courts and Tribunals Judiciary

Posted June 14th, 2018 in computer programs, courts, internet, judges, speeches, tribunals by tracey

‘Speech by The Right Hon. The Lord Burnett of Maldon: The Age of Reform.’

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Courts and Tribunals Judiciary, 8th June 2018

Source: www.judiciary.uk

Doctor can return to work after causing decapitation of baby in mother’s womb, tribunal rules – The Independent

‘A doctor who caused a baby to be decapitated during birth has been cleared of misconduct and can return to work.’

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The Independent, 6th June 2018

Source: www.independent.co.uk

Baby was decapitated by doctor’s actions, tribunal rules – Daily Telegraph

Posted June 5th, 2018 in birth, disciplinary procedures, doctors, medical treatment, news, tribunals by tracey

‘A gynaecologist who caused an unborn baby to be accidentally decapitated in her mother’s womb has been found guilty of medical misconduct.’

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Daily Telegraph, 4th June 2018

Source: www.telegraph.co.uk

Not guilty, but probably dishonest – New Law Journal

Posted June 1st, 2018 in disciplinary procedures, news, solicitors, standard of proof, tribunals by sally

‘John Gould puts disciplinary procedures & the standard of proof required by the Solicitors Disciplinary Tribunal under the spotlight.’

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New Law Journal, 1st June 2018

Source: www.newlawjournal.co.uk

Upper Tribunal backs regulator in ITV pension support case – OUT-LAW.com

Posted May 30th, 2018 in media, news, pensions, tribunals by sally

‘The Upper Tribunal has upheld the Pensions Regulator’s (TPR) use of its powers to seek financial support from ITV for members of a defined benefit (DB) pension scheme attached to the now defunct Box Clever TV rental business.’

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OUT-LAW.com, 25th May 2018

Source: www.out-law.com

Privilege in tax avoidance disputes – OUT-LAW.com

Posted May 10th, 2018 in disclosure, HM Revenue & Customs, news, privilege, tax avoidance, tribunals by sally

‘In UK tax avoidance disputes there are practical difficulties in asserting legal privilege to prevent legal advice being disclosed to HM Revenue & Customs (HMRC) where the taxpayer has to explain the motivations behind a transaction, but properly asserting privilege should never be seen as being ‘uncooperative’.’

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OUT-LAW.com, 9th May 2019

Source: www.out-law.com

Senior partner who bungled hearing loss claims and lied to the court is struck off – Litigation Futures

‘The senior partner of a personal injury firm who bungled 37 noise-induced hearing loss (NIHL) claims and lied to the court has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Litigation Futures, 25th April 2018

Source: www.litigationfutures.com

SDT criticises solicitor for “misleading” evidence on husband’s £80,000 investment in firm – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has strongly criticised a solicitor who gave “misleading” evidence on her husband’s £80,000 investment in a personal injury firm, which it said encouraged her to pay banned referral fees.’

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Legal Futures, 26th April 2018

Source: www.legalfutures.co.uk

Open Up! Access to Upper Tribunal Files – Panopticon

Posted April 25th, 2018 in disclosure, news, third parties, tribunals by sally

‘The Upper Tribunal has its own rules. It is not governed by the CPR. Inevitably, this leaves some gaps on occasion. One of those which occasionally puzzles people interested in the system is that there is no equivalent to CPR rule 5.4C, which allows non-parties the right to ask to see the court file. So can a non-party get access to an Upper Tribunal file, whether or not the material has been referred to in an open hearing?Yes, said the Tax and Chancery Chamber of the Upper Tribunal in Aria Technology Ltd v HMRC & Situation Publishing [2018] UKUT 111 (TCC). Although there was no specific power given in the Rules to disclose documents to non-parties upon request, there was nothing to prohibit it either. The provisions of rule 14(8) – which allows a party to seek a direction preventing disclosure – implicitly recognises a power to disclose. Indeed, Judge Sinfield went further. Applying the open justice principle as set out in no uncertain terms in R (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2012] EWCA Civ 420, the Upper Tribunal had an inherent power and indeed a common law duty to consider any request for access to or disclosure of the court file, including material not referred to in open court.’

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Panopticon, 25th April 2018

Source: panopticonblog.com

What’s in a Junior Civil Servant’s Name? Personal Data Stoopid – Panopticon

Posted April 24th, 2018 in civil servants, data protection, disclosure, news, tribunals by sally

‘If there is one thing everyone using FOIA is used to, it is the idea that the personal data (names, contact details) of ‘junior civil servants’ will be redacted out of the disclosed information, applying the section 40(2) personal data exemption. Unless there is a good reason not to. But what if everyone is wrong? Is redacting junior civil servants just a personal data shibboleth?’

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Panopticon, 23rd April 2018

Source: panopticonblog.com

High Court rejects disbarred barrister’s appeal against refusal to readmit him to Gray’s Inn – Legal Futures

‘A disbarred barrister whose bid to rejoin Gray’s Inn and starting practising again after 15 years was refused has lost an appeal to the High Court.’

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Legal Futures, 12th April 2018

Source: www.legalfutures.co.uk

Tribunal lifts restrictions on solicitor who “carved out new area of expertise” – Legal Futures

Posted April 4th, 2018 in client accounts, disciplinary procedures, fines, news, solicitors, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) has removed the conditions on the practising certificate (PC) of a solicitor fined for allowing improper payments to be made out of client account.’

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Legal Futures, 3rd April 2018

Source: www.legalfutures.co.uk

Clerical abuse of spiritual power and authority: Penalty – Law & Religion UK

Posted March 27th, 2018 in Church of England, clergy, disciplinary procedures, news, penalties, tribunals by tracey

‘Our post on 12 March 2018 reported the announcement by the Diocese of Oxford that a two-year penalty had been imposed on the Revd Timothy Davis, following the recent penalty hearing, Decision of the CDM Tribunal, 8 December 2017, (“the Abingdon case”). The Determination of the penalty has now been published formally by the CofE and in this post we examine aspects of “clerical abuse of spiritual power and authority”, raised in this decision and in the evidence given to the IICSA hearing on the Anglican Church.’

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Law & Religion UK, 26th March 2018

Source: www.lawandreligionuk.com

National law firm fined £20,000 for using client account as banking facility – Legal Futures

‘National law firm Laytons has been fined £20,000 by the Solicitors Disciplinary Tribunal (SDT) for using its client account as a banking facility for a European network of law firms, a foreign client and a tax practitioners’ group.’

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Legal Futures, 22nd March 2018

Source: www.legalfutures.co.uk

Tax tribunal rules digital newspapers should be subject to VAT – OUT-LAW.com

Posted March 20th, 2018 in internet, media, news, taxation, tribunals, VAT by sally

‘A UK tax tribunal has ruled that digital versions of daily newspapers should be subject to VAT, unlike printed editions containing the same content.’

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OUT-LAW.com, 19th March 2018

Source: www.out-law.com