Investigatory Powers Tribunal Rules 2018 – UK Police Law Blog

Posted January 15th, 2019 in investigatory powers, news, regulations, tribunals by tracey

‘The new Investigatory Powers Tribunal Rules 2018 came into force on 31 December 2018, revoking the 2000 rules: See here. The 2018 rules apply to all section 7 Human Rights Act 1998 proceedings before the Tribunal and all covert investigatory powers complaints under section 65 of the Regulation of Investigatory Powers Act 2000, including those which were made before the new rules came into force.’

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UK Police Law Blog, 14th January 2019

Source: ukpolicelawblog.com

Speech by Senior President of Tribunals: The Modernisation of Justice – Courts and Tribunals Judiciary

‘Speech by Senior President of Tribunals: The Modernisation of Justice.’

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Courts and Tribunals Judiciary, 14th December 2018

Source: www.judiciary.gov

Taxpayers have no right to attend hearing to approve HMRC information notices – OUT-LAW.com

‘UK taxpayers and third parties have no right to attend a tax tribunal hearing to consider the issue of notices by HM Revenue & Customs (HMRC) requiring the provision of information relevant to tax enquiries, the first-tier tax tribunal has decided.’

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OUT-LAW.com, 12th December 2018

Source: www.out-law.com

British Telecommunications plc v Office of Communications – Blackstone Chambers

Posted December 11th, 2018 in appeals, competition, costs, news, ombudsmen, telecommunications, tribunals by sally

‘The Court of Appeal has overturned the Competition Appeal Tribunal’s approach to awarding costs against Ofcom in telecommunications appeals.’

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Blackstone Chambers, 15th November 2018

Source: www.blackstonechambers.com

Tribunal refuses to hear preliminary issue in bank payroll tax case – OUT-LAW.com

‘A procedural point on whether HM Revenue & Customs (HMRC) had validly given notices of enquiry within the requisite time limits should not be heard separately as a preliminary issue, the First-tier Tax Tribunal (FTT) has decided in a case concerning bank payroll tax (BPT).’

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OUT-LAW.com, 7th December 2018

Source: www.out-law.com

Gay rugby player facing deportation allowed to leave holding centre – The Guardian

Posted November 29th, 2018 in bail, deportation, homosexuality, immigration, news, tribunals by tracey

‘A gay rugby player who is facing deportation to Kenya, where he says he will be persecuted because of his sexuality, has been granted bail allowing him to leave the immigration centre where he was being held.’

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The Guardian, 28th November 2018

Source: www.theguardian.com

A tendency to physical abuse: Upper Tribunal clarifies scope of Equality Act in education context — Katie Ayres – UK Human Rights Blog

‘The Upper Tribunal decision in of C&C v Governing Body [2018] UKUT 269 (AAC) has provided important clarification to the scope of the Equality Act 2010 in an education context.’

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UK Human Rights Blog, 26th November 2018

Source: ukhumanrightsblog.com

MPs call for tribunal to bring ‘misbehaving banks’ to justice – The Guardian

Posted November 20th, 2018 in banking, financial regulation, news, tribunals by sally

‘A cross-bench group of MPs is gaining traction in its fight for a financial services tribunal that would bring misbehaving banks to justice, ahead of a key meeting with the chancellor this week.’

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The Guardian, 20th November 2018

Source: www.theguardian.com

Tax tribunal rules that Arron Banks suffered political discrimination – UK Human Rights Blog

‘Banks v Revenue and Customs Commissioners [2018] UKFTT 617 (TC). Donations made by Arron Banks to the United Kingdom Independence Party (‘UKIP’) are subject to a tax regime which discriminates against the donor on grounds of his political opinion, the First-Tier Tribunal (Tax Chamber) has found.’

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UK Human Rights Blog, 14th November 2018

Source: ukhumanrightsblog.com

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.’

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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