Mother wins legal battle over tribunal’s refusal to say why son’s killer was discharged from hospital – The Guardian

‘A woman has won a legal battle against a mental health tribunal over its refusal to provide her with the the reasons for releasing her son’s killer into the community.’

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The Guardian, 25th January 2023

Source: www.theguardian.com

Eamonn Holmes in challenge to tax tribunal ruling over ’employee’ status at ITV – The Independent

Posted January 19th, 2023 in appeals, income tax, media, national insurance, news, self-employment, tribunals by tracey

‘Television presenter Eamonn Holmes is challenging a tribunal ruling that concluded he should be treated as an ITV employee for tax reasons when he presented This Morning.’

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The Independent, 15th January 2023

Source: www.independent.co.uk

Ministry of Justice to launch call for evidence on open justice – Legal Futures

Posted January 17th, 2023 in courts, electronic filing, media, Ministry of Justice, news, remote hearings, tribunals by sally

‘The Ministry of Justice (MoJ) is to launch a “wide-ranging” call for evidence on open justice, access to information and transparency across the courts and tribunals.’

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Legal Futures, 17th January 2023

Source: www.legalfutures.co.uk

Penalties for gambling breaches – Local Government Lawyer

Posted January 16th, 2023 in appeals, gambling, local government, news, penalties, tribunals by tracey

‘Philip Kolvin KC examines a recent tribunal judgment that contains some helpful analysis for gambling operators and their advisers.’

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Local Government Lawyer, 13th January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: UT should normally re-make decision instead of remitting case to FTT – EIN Blog

Posted January 9th, 2023 in appeals, criminal justice, deportation, immigration, news, trials, tribunals by tracey

‘AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022). In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal (UT) found that where the FTT’s decision involved an error of law, it would normally re-make the decision instead of remitting it to the FTT, unless it was satisfied that the error had deprived a party of a fair hearing before the FTT. Where the UT was so satisfied, it would normally remit the decision to the FTT. If the UT chose instead to re-make the decision itself, it would have to give cogent reasons for doing so. “AEB” appealed against a decision of the UT upholding a deportation order made by the respondent SSHD. The appellant was a Nigerian national who had been in the UK for 30 years and who was separated from his partner but helped to care for their three children, all of whom had significant disabilities and special needs. In 2017, he was convicted of dishonesty and sentenced to 4 years’ imprisonment. As a result, the SSHD served a deportation decision under the automatic deportation provision set out in section 32 of the UK Borders Act 2007. AEB appealed to the FTT relying on article 8 of the ECHR, which brought into play the provisions of Part 5A of the Nationality, Immigration and Asylum Act 2002. But the FTT dismissed his appeal and UT set aside that dismissal on the basis that the FTT had made errors of law which had deprived AEB of a fair hearing.’

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EIN Blog, 9th January 2023

Source: www.ein.org.uk

Waking watch costs and flawed reports – Nearly Legal

Posted November 14th, 2022 in fire, health & safety, landlord & tenant, news, service charges, tribunals by tracey

‘Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT – SERVICE CHARGES – whether reasonably incurred – costs of a waking watch) (2022) UKUT 282 (LC). An Upper Tribunal appeal of an FTT decision that the costs of a waking watch were not reasonably incurred by the landlord and so not recoverable under the service charge.’

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Nearly Legal, 13th November 2022

Source: nearlylegal.co.uk

Service charges, burden of proof, and costs of proceedings – Nearly Legal

Posted November 14th, 2022 in burden of proof, costs, landlord & tenant, news, service charges, tribunals by tracey

‘Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT – SERVICE CHARGES – ADMINISTRATION CHARGES – burden of proof – scope of costs incurred for the purpose of the preparation and service of a notice under section 146 of the Law of Property Act 1925) (2022) UKUT 285 (LC).’

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Nearly Legal, 13th November 2022

Source: nearlylegal.co.uk

Specificity in the context of “education otherwise than at school” – Local Government Lawyer

Posted September 30th, 2022 in appeals, children, disabled persons, education, local government, news, tribunals by michael

‘Holly Littlewood analyses a recent case concerning specificity in the context of “education otherwise than at school” (EOTAS), and an unlawful delegation of responsibility for determining special educational provision in an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 30th Septembr 2022

Source: www.localgovernmentlawyer.co.uk

Judge rules Tribunal erred by putting responsibility for part of EHCP on individual who was not lawful delegate or proxy for local authority – Local Government Lawyer

Posted September 20th, 2022 in local government, news, special educational needs, tribunals by tracey

‘The First-Tier Tribunal erred in law by giving responsibility for compiling an “all your need to know about” document concerning a child to a doctor who was not a lawful delegate or proxy for the council, the Upper Tribunal Administrative Appeals Chamber has said.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Permanent exclusion decisions and disability discrimination claims – Local Government Lawyer

‘The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirmed. Katherine Anderson analyses the judgment.’

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Local Government Lawyer. 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Appealing review decisions of the SEN Tribunal for Wales – Local Government Lawyer

‘The Upper Tribunal has confirmed appeals can be brought against review decisions of the SEN Tribunal for Wales. Matthew Wyard analyses the ruling.’

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Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Compare The Market ruling ‘not green light’ for price restriction clauses – OUT-LAW.com

Posted August 12th, 2022 in appeals, competition, fines, insurance, news, tribunals by tracey

‘A recent UK ruling does not mean that clauses in contracts that place restrictions on the price suppliers can offer products or services on other sales channels beyond their own are acceptable under competition law, an expert has said.’

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OUT-LAW.com, 11th August 2022

Source: www.pinsentmasons.com

Court of Appeal warns of “perverse incentives” from litigation funding – Legal Futures

‘The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.’

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Legal Futures, 29th July 2022

Source: www.legalfutures.co.uk

Rent Repayment Orders in the Upper Tribunal – Nearly Legal

Posted July 18th, 2022 in housing, landlord & tenant, news, rent, tribunals by tracey

‘A few Upper Tribunal appeals on rent repayment orders, in particular on the level of award, conduct and mitigating factors.’

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Nearly Legal, 17th July 2022

Source: nearlylegal.co.uk

Upper Tribunal ruling reveals eight cases where contempt applications made to First-Tier Tribunal over alleged failure to comply with earlier FTT freedom of information decisions – Local Government Lawyer

Posted April 26th, 2022 in contempt of court, freedom of information, joinder, news, tribunals by sally

‘A recent Upper Tribunal ruling has revealed the existence of eight cases where the First-tier Tribunal (General Regulatory Chamber) (Information Rights) joined the Information Commissioner as a respondent to contempt applications made in respect of alleged failures by a party to meet obligations imposed on it by earlier FTT decisions, it has emerged.’

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Local Government Lawyer, 25th April 2022

Source: www.localgovernmentlawyer.co.uk

Property Guardians and HMOs – they are, you know – Nearly Legal

‘Global 100 Ltd v Jimenez & Ors (HOUSING – HOUSE IN MULTIPLE OCCUPATION – RENT REPAYMENT ORDER – “property guardians”) (2022) UKUT 50 (LC) In which Global 100, flushed by their win in the Court of Appeal in Global 100 Ltd v Laleva (2021) EWCA Civ 1835 (our note), appealed a First Tier Tribunal decision that a commercial office building, in which 10-12 guardians were living, was an unlicensed HMO and rent repayment orders followed.’

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Nearly Legal, 2nd March 2022

Source: nearlylegal.co.uk

High Court overturns tribunal’s dishonesty finding – Law Society’s Gazette

Posted February 22nd, 2022 in disciplinary procedures, mental health, news, solicitors, tribunals by tracey

‘The High Court has overturned a tribunal finding that a solicitor acted dishonestly on a re-accreditation application.’

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Law Society's Gazette, 21st February 2022

Source: www.lawgazette.co.uk

Male barrister reprimanded for “hysterical woman” jibe at lawyer – Legal Futures

Posted February 10th, 2022 in barristers, disciplinary procedures, fines, news, sex discrimination, tribunals by sally

‘A male barrister has been reprimanded for describing his opponent’s instructing lawyer as a “hysterical woman” and female lawyers more generally as intemperate.’

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Legal Futures, 10th February 2022

Source: www.legalfutures.co.uk

RROs, company directors and reasonable excuses – Nearly Legal

Posted January 24th, 2022 in housing, landlord & tenant, news, rent, tribunals by tracey

‘A couple of Upper Tribunal appeal decisions on rent repayment order cases.’

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Nearly Legal, 23rd January 2022

Source: nearlylegal.co.uk

Practice Statement: Appointment of Managers under Section 24 of the Landlord and Tenant Act 1987 – Courts and Tribunals Judiciary

Posted January 12th, 2022 in housing, landlord & tenant, news, tribunals by tracey

‘The purpose of the statement is to give leaseholders, prospective Managers, and landlords, an indication of the Tribunal’s expectations of a proposed Manager when deciding whether to make an order under section 24 of the Landlord and Tenant Act 1987.’

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Courts and Tribunals Judiciary , 11th January 2022

Source: www.judiciary.uk