K2: right to a private and family life no bar to deprivation of citizenship – Free Movement

Posted March 21st, 2017 in appeals, citizenship, human rights, immigration, news, tribunals by tracey

‘K2 v the United Kingdom (Application No 42387/13). The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been the subject of debate where its use has rendered a person stateless following a series cases in the higher courts (see, for instance, here and here). But what arguments can be used to prevent the deprivation of citizenship where the person remains a citizen of a foreign country?’

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Free Movement, 201th March 2017

Source: www.freemovement.org.uk

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NHS whistleblowers will get compensation if blacklisted by health service – Daily Telegraph

Posted March 20th, 2017 in compensation, employment, health, news, tribunals, whistleblowers by tracey

‘NHS whistleblowers will be entitled to compensation if they are stopped from getting new jobs in the health service because of their disclosures, the government will announce.’

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Daily Telegraph, 20th March 2017

Source: www.telegraph.co.uk

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Rape, incest and damage: but who is the real victim? – UK Human Rights Blog

‘Criminal Injuries Compensation Authority v First Tier Tribunal (Social entitlement Chamber) and Y by his mother and Litigation Friend.’ The predictability of genetic disorders continues to challenge existing law. Here, the Court of Appeal had to consider whether a child born as a result of incestuous rape could claim compensation under the Criminal Injuries Compensation Scheme (CICS) for his congenital disabilities. These were 50% predictable as a result of the nature of his conception, as opposed to 2-3% in the general population.’

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UK Human Rights Blog, 15th March 2017

Source: www.ukhumanrightsblog.com

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Class certification hearings – Law Society’s Gazette

Posted March 6th, 2017 in class actions, competition, damages, news, third parties, tribunals by sally

‘After a wait of more than a year from the introduction of class actions in the UK, there were two class certification hearings before the UK’s Competition Appeal Tribunal (CAT) in just over a month. Although in each case the CAT has yet to hand down its certification decision, the hearings have given some clear signals about how the CAT sees the regime.’

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Law Society’s Gazette, 6th March 2017

Source: www.lawgazette.co.uk

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Inside Britain’s sharia councils: hardline and anti-women – or a dignified way to divorce? – The Guardian

Posted March 2nd, 2017 in divorce, islamic law, news, tribunals, women by sally

‘Sharia councils say they offer Muslim women a way out of religious marriage but critics argue this parallel legal system can leave vulnerable people trapped in abuse. Here is a rare look behind the scenes.’

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The Guardian, 1st March 2017

Source: www.guardian.co.uk

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Lessons in understanding: Unfairness and Estoppel by Convention in the Upper Tribunal – Hardwicke Chambers

Posted February 22nd, 2017 in estoppel, leases, news, service charges, tribunals by sally

‘Towards the end of last year, the Upper Tribunal (“UT”) handed down decisions in two cases involving estoppel by convention:

Admiralty Park Management Ltd v Ojo [2016] UKUT 0421 (LC) 8 September 2016 (“Ojo”); and

Bucklitsch and anor v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC) 13 December 2016 (“Bucklitsch”).’

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Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

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Online court “visible by September and no big bang”, top judge reveals – Legal Futures

‘The first signs of an online court (OC) will be visible in tribunals by September, online processes will be extended to a wide range of civil court proceedings by May 2020, and the reforms will be incremental, according to one of the judges in charge.’

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Legal Futures, 22nd February 2017

Source: www.legalfutures.co.uk

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Jetha v Basildon Court Residents Company Ltd – Arden Chambers

Posted February 22nd, 2017 in appeals, covenants, estoppel, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’

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Arden Chambers, 16th February 2017

Source: www.ardenchambers.com

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Waaler v Hounslow LBC – Arden Chambers

Posted February 21st, 2017 in appeals, leases, local government, news, service charges, tribunals by sally

‘The Court of Appeal has held that whether service charge costs are reasonably incurred, for the purposes of Landlord and Tenant Act 1985, s.19, is to be determined by reference to an objective standard of reasonableness rather than applying public law principles of rationality. A tribunal should not, however, impose its own decision where a landlord has adopted a course of action which led to a reasonable outcome, even if there was a cheaper outcome which was also reasonable.’

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Arden Chambers, 2nd February 2017

Source: www.ardenchambers.com

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Ian Brady begins ‘unique’ High Court fight over tribunal lawyer – Daily Telegraph

Posted February 14th, 2017 in legal aid, legal representation, mental health, news, prisons, tribunals by sally

‘Ian Brady, the Moors murderer, is launching a “totally unique” High Court fight for the right to have the lawyer of his choice representing him at a tribunal.’

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Daily Telegraph, 14th February 2017

Source: www.telegraph.co.uk

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Service charges, contracts, social housing and subsidies – Nearly Legal

Posted February 13th, 2017 in costs, landlord & tenant, leases, local government, news, service charges, tribunals by sally

‘An interesting question. To what extent, if at all, can leaseholders’ service charges be set at a level to ‘subsidise’ a shortfall as against actual maintenance costs in service charges recoverable from social tenants in flats provided under a section 106 agreement.’

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Nearly Legal, 12th February 2017

Source: www.nearlylegal.co.uk

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Reasonable costs of Improvements – Nearly Legal

‘We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular consideration should have been given to the views of the leaseholders, whether they could be done more cheaply and the financial circumstances of the leaseholders.’

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Nearly Legal, 5th February 2017

Source: www.nearlylegal.co.uk

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Senior judge slams lawyers for obstructing Rochdale child sex grooming gang deportation case – Daily Telegraph

Posted February 6th, 2017 in child abuse, delay, deportation, immigration, judges, legal aid, news, sexual offences, tribunals by sally

‘Lawyers are helping a child sex grooming gang avoid attempts to deport them by obstructing the courts and “weakening the rule of law”, Britain’s most senior immigration judge has warned.’

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Daily Telegraph, 4th February 2017

Source: www.telegraph.co.uk

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UK police force’s monitoring of reporters’ phones ruled unlawful – The Guardian

Posted February 1st, 2017 in investigatory powers, news, police, telecommunications, tribunals by tracey

‘Investigatory powers tribunal finds there was no lawful basis for Cleveland police accessing records in leak inquiry.’

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The Guardian, 31st January 2017

Source: www,guardian.co.uk

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Perception of doors – Nearly Legal

‘The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement works on the estate (some 10 block of flats).’

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Nearly Legal, 29th January 2017

Source: www.nearlylegal.co.uk

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Office sex dentistry lecturer struck off by General Dental Council – BBC News

Posted January 25th, 2017 in dentists, disciplinary procedures, news, professional conduct, tribunals by tracey

‘A dentistry lecturer who had sex in his office has been struck off the General Dental Council register.’

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BBC News, 24th January 2017

Source: www.bbc.co.uk

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Senior judge launches extraordinary attack over “blackmail” by solicitors and tells barristers to stop defending them – Legal Futures

Posted January 17th, 2017 in barristers, blackmail, immigration, judges, law firms, news, professional conduct, tribunals by tracey

‘A senior judge has accused solicitors of “blackmailing” the immigration tribunal in an extraordinary attack that also branded their conduct as “disgraceful” and “shameful” in not pursuing the appeals they had lodged.’

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Legal Futures, 16th January 2017

Source: www.legalfutures.co.uk

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Disciplinary round-up: fine for firm which failed to make client’s visa application and then lost his passport – Legal Futures

‘A north London law firm has been rebuked for misleading its client into thinking that it had made a visa application on his behalf.’

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Legal Futures, 13th January 2017

Source: www.legalfutures.co.uk

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Immigration tribunal President blasts legal representatives in sex grooming gang appeal – Free Movement

‘President McCloskey has blasted the representatives for both claimants and the Home Office in his latest determination of Shabir Ahmed and others (sanctions for non – compliance) [2016] UKUT 00562 (IAC).’

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Free Movement, 13th January 2017

Source: www.freemovement.org.uk

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Leases, tribunals and contractual costs – Nearly Legal

Posted January 10th, 2017 in costs, landlord & tenant, leases, news, service charges, tribunals by sally

‘The vexed issues of costs in service charge disputes rumble on. Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 0290 (LC) (our note) set out guidance for how and when rule 13 costs awards will be engaged and awarded in the First Tier Tribunal (for unreasonable conduct). But in this case, the landlord had been awarded 20% of their costs under a Rue 13 decision, but then sought to recover the full costs under a contractual entitlement to costs of an enforcement action under the lease, and sort the FTT’s determination of those as a variable administration charge.’

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Nearly Legal, 9th January 2017

Source: www.nearlylegal.co.uk

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