Do errant solicitors get a rougher ride than barristers at tribunal? – Law Society’s Gazette

Posted March 18th, 2019 in barristers, disciplinary procedures, news, solicitors, tribunals by tracey

‘The SDT’s “highest of expectations” and the regulator’s desire for a ‘gold standard’ mean solicitors appear to be treated more harshly than barristers and other professionals in disciplinary cases.’

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Law Society's Gazette, 18th March 2019

Source: www.lawgazette.co.uk

A warning before bringing an appeal to the CAT? Costs after the BCMR decision – Blackstone Chambers

Posted March 15th, 2019 in appeals, competition, costs, news, telecommunications, tribunals by sally

‘The Court of Appeal’s judgment in the recent BCMR costs case is a stark warning to all those considering challenging a regulatory decision in the Competition Appeal Tribunal: even if you win, you may still face a big costs bill. See British Telecommunications plc v Office of Communications [2018] EWCA Civ 2542.’

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Blackstone Chambers, 5th March 2019

Source: www.blackstonechambers.com

Council wins Upper Tribunal battle over service charge and replacement central heating – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has ruled that the London Borough of Southwark can recover a service charge for work in a leaseholder’s flat after the First Tier Tribunal (FTT) said nothing was payable.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Speech by Sir Rabinder Singh: Kay Everett Memorial Lecture – Courts and Tribunals Judiciary

Posted February 22nd, 2019 in human rights, intelligence services, investigatory powers, lectures, tribunals by tracey

‘The second Kay Everett memorial lecture was delivered by the President of the Investigatory Powers Tribunal, Sir Rabinder Singh, on Wednesday 20 February 2019.’

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Courts and Tribunals Judiciary, 21st February 2019

Source: www.judiciary.uk

Retrospective interpretation: DSG v MasterCard – Competition Bulletin from Blackstone Chambers

Posted February 20th, 2019 in competition, EC law, limitations, news, tribunals by sally

‘The latest battle over limitation in Competition damages claims was a victory for the claimants – see DSG Retail Ltd v MasterCard Inc [2019] CAT 5. In some ways it is a surprising decision, because the Competition Appeal Tribunal has decided that when s.47A of the Competition Act was enacted in 2003, certain claims which were time-barred prior to its enactment were revived. The Tribunal frankly acknowledged that it did not find the matter straightforward, and looking at the rules it is easy to see why.’

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Competition Bulletin from Blackstone Chambers, 19th February 2019

Source: competitionbulletin.com

Medical tribunal into Dr Richard Freeman case in danger of not being completed this year – Daily Telegraph

Posted February 12th, 2019 in doctors, drug abuse, limitations, news, sport, tribunals by tracey

‘Dr Richard Freeman’s medical tribunal is in serious danger of not being completed this year, Telegraph Sport understands. It raises the possibility that evidence arising from the hearing might fall outside the statute of limitations for UK Anti-Doping to act upon. Or that Team Sky might be sold or quit the sport before the case is heard.’

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Daily Telegraph, 11th February 2019

Source: www.telegraph.co.uk

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