Electronic Communication Code: Tribunal clarifies its jurisdiction – OUT-LAW.com

‘Claims for compensation made under the old Electronic Communications Code (ECC) in the UK cannot be brought before a tribunal tasked with resolving disputes under the new ECC, the tribunal has confirmed.’

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OUT-LAW.com, 6th November 2018

Source: www.out-law.com

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

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Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

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Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

Schedule 36 Finance Act 2008: Information Notices – 11 KBW

Posted November 2nd, 2018 in disclosure, documents, news, taxation, tribunals by sally

‘HMRC’s civil information powers are set out in Schedule 36 to Finance Act 2008. Part 1 of that schedule sets out HMRC’s powers to obtain information and documentation by way of written notices (often referred to as ‘information notices’). Given HMRC has in recent years made increasing use of the information notice powers, and given HMRC is currently consulting on extending the information notice powers (see Amending HMRC’s Civil Information Powers, 10 July 2018), now seems an opportune time to recap on the extent of those powers and the scope for challenging information notices.’

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11 KBW, 22nd October 2018

Source: www.11kbw.com

Speech by Sir Ernest Ryder, Senior President of Tribunals: Experts under the Judicial Microscope – Courts and Tribunals Judiciary

Posted October 9th, 2018 in expert witnesses, judges, speeches, tribunals by tracey

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Experts under the Judicial Microscope.’

Full speech

Courts and Tribunals Judiciary, 8th October 2018

source: www.judiciary.uk

Court of Appeal quashes finding that doctor was dishonest — Sapan Maini-Thompson – UK Human Rights Blog

‘Raychaudhuri v General Medical Council [2018] EWCA Civ 2027. On 14th September 2018 the Court of Appeal allowed an appeal by a doctor against a finding that his fitness to practice was impaired by reason of dishonesty.’

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UK Human Rights Blog, 27th September 2018

Source: ukhumanrightsblog.com

Property guardians and ‘non-domestic rates’ – Nearly legal

Posted September 21st, 2018 in landlord & tenant, news, rates, tribunals, valuation by tracey

‘This is an interesting decision of the Valuation Tribunal on the effect of the occupation by property guardians of a commercial building. Some (though not all) property guardian companies have made a sales feature of the alleged freedom from non-domestic (commercial) rates for a building occupied by guardians, on the basis that it is occupied for residential use. This Valuation Tribunal decision rather dents that position, as well as illustrating the complications that arise when you operate on the edges of landlord and tenant law.’

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Nearly legal, 20th September 2018

Source: nearlylegal.co.uk

Organ preservation, cryonics and charity law: Hipkiss – Law & Religion UK

Posted September 20th, 2018 in charities, human tissue, news, rectification, tribunals by tracey

‘In November 2016, the BBC carried the story Terminally-ill teen won historic ruling to preserve body, following the lifting the territorial reporting restrictions which existed until one month after the death of the teenager concerned, a girl referred to as “JS”: see JS (Disposal of Body), Re [2016] EWCH (Fam). We noted the case here and looked at some of the more general practicalities of regulating cryogenic preservation – the storage of the brains and/or bodies of legally-dead humans at low temperatures. In the aftermath of the ruling in JS, the Charity Commission for England and Wales decided in 2017 to remove the Human Organ Preservation Research Trust (HOPRT) from the Register; and in Hipkiss v Charity Commission for England & Wales [2018] FTT (Charity) CA/2017/0014, Mr Graham Hipkiss, its sole remaining trustee, succeeded in an appeal to the First Tier Charity Tribunal against the order of the Commission.’

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Law & Religion UK, 17th September 2018

Source: www.lawandreligionuk.com

Win for open justice as tax tribunal allows non-party access to HMRC pleadings – Litigation Futures

Posted September 12th, 2018 in news, taxation, third parties, tribunals by tracey

‘The First-tier Tribunal (FTT) has “inherent jurisdiction” to give non-parties access to documents, its tax chamber has ruled in allowing KPMG to see documents from another case involving HM Revenue & Customs (HMRC).’

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Litigation Futures, 12th September 2018

Source: www.litigationfutures.com

Tribunals must “proceed with care” over wasted costs orders where privilege is not waived – Litigation Futures

Posted September 4th, 2018 in costs, employment tribunals, negligence, news, privilege, tribunals, wasted costs orders by sally

‘Employment tribunals should generally give the benefit of doubt to a legal representative facing a wasted costs applications where their client refuses to waive privilege, the president of the Employment Appeal Tribunal (EAT) has decided.’

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Litigation Futures, 31st August 2018

Source: www.litigationfutures.com

Medical watchdog chief faces calls to step down over Bawa-Garba case – The Guardian

Posted August 28th, 2018 in appeals, disciplinary procedures, disqualification, doctors, news, tribunals by sally

‘Hospital doctors are calling for the head of Britain’s medical regulator to stand down over his handling of the case of a paediatrician who was struck off following the death of a six-year-old boy.’

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The Guardian, 28th August 2018

Source: www.theguardian.com

Tribunal allows capital allowances claim on hydro-electric scheme – OUT-LAW.com

Posted August 16th, 2018 in energy, news, taxation, tribunals by sally

‘Capital allowances were available on part of the expenditure incurred by energy company SSE on a hydro-electric scheme, the UK’s First-tier tax tribunal has decided.’

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OUT-LAW.com, 15th August 2018

Source: www.out-law.com

Upper Tribunal finds Equality Act exclusion discriminates against autistic children – Local Government Lawyer

Posted August 16th, 2018 in autism, children, disability discrimination, education, equality, news, tribunals by sally

‘The Upper Tribunal has held that regulations under the Equality Act 2010 excluding children who have a ‘tendency to physical abuse’ from its protection give rise to unlawful discrimination under Article 14 ECHR.’

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Local Government Lawyer, 15th August 2018

Source: www.localgovernmentlawyer.co.uk

Advocate and expert – asking for trouble – Nearly Legal

Posted August 14th, 2018 in advocacy, expert witnesses, news, rates, surveyors, tribunals, valuation by sally

‘Non-domestic rating is not something we usually cover on this blog. It is, after all, not about housing. But the decision of the Upper Tribunal (Lands Chamber) in Gardiner & Theobold LLP v Jackson (Valuation Officer) [2018] UKUT 253 (LC) goes much wider.’

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Nearly Legal, 13th August 2018

Source: nearlylegal.co.uk

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Justice in a Modern Way’ – Courts and Tribunals Judiciary

Posted August 8th, 2018 in courts, judiciary, speeches, tribunals by tracey

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Justice in a Modern Way.’

Full speech

Courts and Tribunals Judiciary, 7th August 2018

Source: www.judiciary.gov

Video hearings “will not supplant” face-to-face, says HMCTS – Legal Futures

Posted July 31st, 2018 in courts, dispute resolution, news, tribunals, video recordings by sally

‘Video hearings will not supplant face-to-face hearings in the majority of cases before the courts, even after their use is expanded, the deputy director of HM Courts and Tribunals Service (HMCTS) has predicted.’

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Legal Futures, 31st July 2018

Source: www.legalfutures.co.uk

When help with wood pellet fuel means no right to buy – Nearly Legal

Posted July 26th, 2018 in housing, local government, news, right to buy, tribunals by sally

‘Paragraph 11 of Schedule 5 to Housing Act 1985 provides that a property is exempt from the Right to Buy where:

11.—

(1) The right to buy does not arise if the dwelling-house—

(a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and

(b) was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).’

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Nearly Legal, 25th July 2018

Source: nearlylegal.co.uk

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