What is a ‘New Matter’ in an Immigration Appeal? – EIN Blog

Posted July 1st, 2024 in appeals, immigration, jurisdiction, news, tribunals by tracey

‘Since many immigration appeals may take months to be heard by the Immigration Tribunal, circumstances will understandably evolve, which could constitute a new matter for the purposes of the appeal. When appealing an immigration decision, it is important to consider whether a new matter is raised because the Immigration Tribunal does not have jurisdiction to consider the matter without the consent of the Secretary of State. In this post, we examine new matters in immigration appeals, asking what is a new matter in an immigration appeal and what is the process of raising a new matter in an immigration appeal? Further information on the process of appealing an immigration refusal can be found in these Part 1 and Part 2 guides on how to appeal a UK visa or immigration refusal decision.’

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EIN Blog, 1st July 2024

Source: www.ein.org.uk

Tribunal “erred in law” by failing to recognise young person lacked capacity to litigate and failing to appoint his mother as alternative person – Local Government Lawyer

‘An Upper Tribunal judge has ruled that the First-tier Tribunal “erred in law” by failing to recognise that a young person lacked capacity to litigate and consequently his mother should have been appointed as his alternative person.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Vatican taken to trial for first time in an English court – The Guardian

Posted June 27th, 2024 in foreign jurisdictions, money laundering, news, sale of land, tribunals by sally

‘The Vatican has gone on trial in an English court for the first time, accused of subjecting a British businessman to “incoherent and confused” allegations over a London property deal.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Tribunal demonstrates ‘orthodox approach’ to single supply VAT exemption – OUT-LAW.com

Posted June 25th, 2024 in contraception, medicines, news, tribunals, VAT by tracey

‘A recent UK Upper Tribunal decision is a useful reminder of the “orthodox” approach that should be taken to determine whether there has been a single or multiple supply of goods or services for the purposes of VAT exemption, an expert has said.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

Tribunal rejects appeal over refusal by district council to disclose all information requested on Code of Conduct review panel hearing – Local Government Lawyer

‘A man who argued health and safety legislation should “reign supreme” over the Freedom of Information (FOI) Act 2000 in an appeal of South Kesteven District Council’s refusal of an FOI request has had his appeal dismissed by the First Tier Tribunal (FTT).’

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Local Government Lawyer, 24th June 2024

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal provides clarity on interpretation of double tax treaty provisions – OUT-LAW.com

Posted June 21st, 2024 in HM Revenue & Customs, interpretation, news, tax avoidance, taxation, tribunals by michael

‘A recent UK Upper Tribunal decision reaffirms the principles governing the application of double tax conventions and provides clarity on the interpretation of treaty provisions aimed at preventing tax avoidance, an expert has said.’

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OUT-LAW.com, 19th June 2024

Source: www.pinsentmasons.com

Joe Tomlinson: Why Has There Been a 264% Increase in Asylum Appeals? – UK Constitutional Law Association

‘If an application for asylum is refused, the applicant can appeal to the First-tier Tribunal. The latest tribunal statistics show a sharp increase in the number of asylum appeals lodged in the tribunal.’

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UK Constitutional Law Association, 19th June 2024

Source: ukconstitutionallaw.org

Keeping Counsel in Suspense: BSB’s New Powers – Mountford Chambers

‘On 21 May 2024, the Bar Standards Board (BSB) announced a rule change which establishes an expanded power to impose interim suspensions of barristers in specified cases. This is a practical and sensible update which brings barristers into line with most other regulated professions.’

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Mountford Chambers, 29th May 2024

Source: www.mountfordchambers.com

Upper Tribunal rules on taxpayer liability for fixed penalty – OUT-LAW.com

Posted June 12th, 2024 in HM Revenue & Customs, news, notification, penalties, taxation, tribunals by sally

‘A recent UK Upper Tribunal decision highlights that as soon as there has been a failure to comply with an information notice, a taxpayer is automatically liable for a fixed penalty, even if the failure is short-lived, and HMRC can move straight to applying for a tax-related penalty, an expert has said.’

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OUT-LAW.com, 11th June 2024

Source: www.pinsentmasons.com

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Keynote speech by the Lady Chief Justice at the Society of Editors 25th anniversary conference – Courts and Tribunals Judiciary

Posted May 7th, 2024 in courts, judiciary, media, news, speeches, tribunals by tracey

‘Keynote speech by the Lady Chief Justice at the Society of Editors 25th anniversary conference.’

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Courts and Tribunals Judiciary , 30th April 2024

Source: www.judiciary.uk

Building Safety Act amendments re Tribunal appointed managers – Tanfield Chambers

‘Timothy Polli KC, Carl Fain, and Katie Gray discuss what the rules are in the LTA 1987 amendments, as well as the issues that arise between FTT appointed managers and Regulator- appointment special measures managers.’

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Tanfield Chambers, 19th April 2024

Source: www.tanfieldchambers.co.uk

Lady Chief Justice sets up Transparency and Open Justice Board – Local Government Lawyer

Posted May 2nd, 2024 in civil justice, courts, criminal justice, news, tribunals by sally

‘The Lady Chief Justice, Dame Sue Carr, has created a Transparency and Open Justice Board, which will “lead and coordinate the promotion of transparency and open justice across the courts and tribunals of England & Wales”.’

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Local Government Lawyer, 1si May 2024

Source: www.localgovernmentlawyer.co.uk

Tribunal ruling is a step forward in understanding code disputes – OUT-LAW.com

Posted April 16th, 2024 in codes of practice, landlord & tenant, news, telecommunications, tribunals by tracey

‘A recent decision by the Upper Tribunal (Lands Chamber) on a reference under the Electronic Communications Code (the code) helpfully clarifies some of the outstanding issues in this area, property disputes experts have said.’

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OUT-LAW.com, 15th April 2024

Source: www.pinsentmasons.com

‘Disrespectful of the rule of law’? – Doughty Street Chambers

‘In Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC) the Upper Tribunal, chaired by the President, has sought to address a long-running problem in both tiers of the Immigration and Asylum Chamber: the Home Office’s failure to comply with directions or co-operate in proper case management.’

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Doughty Street Chamber, 22nd February 2024

Source: insights.doughtystreet.co.uk

Judge criticises Home Office errors in Palestinian refugee’s visa case – The Guardian

‘The home secretary has given an “unreserved and unqualified apology” to a Palestinian refugee for “serious errors” made in relation to her student visa application.’

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The Guardian, 13th February 2024

Source: www.theguardian.com

Brand new guide to help public easily access court hearings – Ministry of Justice

Posted January 2nd, 2024 in civil justice, courts, criminal justice, Ministry of Justice, news, tribunals by tracey

‘People are being encouraged to see how justice is done in courtrooms with the publication of a new and simple “how to” guide for attending court hearings today.’

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Ministry of Justice, 30th December 2023

Source: www.gov.uk

Doctor who sexually harassed nurses to stay in work – BBC News

‘A hospital doctor who admitted sexually harassing two nurses should not be suspended, a High Court judge has ruled.’

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BBC News, 18th December 2023

Source: www.bbc.co.uk

Government offers hope of full PACCAR solution in the future – Legal Futures

‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’

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Legal Futures, 15th December 2023

Source: www.legalfutures.co.uk

CAT “wrong” to identify ban on defendants contacting claimants directly – Legal Futures

Posted December 11th, 2023 in appeals, class actions, competition, consumer protection, news, tribunals by tracey

‘The Competition Appeal Tribunal (CAT) was wrong to identify a rule that prevents defendants communicating directly with legally represented members of an opt-out class action, the Court of Appeal has ruled.’

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Legal Futures, 11th December 2023

Source: www.legalfutures.co.uk