Peers back greater role for Lord Chief in online court rules – Legal Futures

Posted June 25th, 2019 in bills, civil justice, electronic filing, family courts, news, tribunals, veto by sally

‘Former Lord Chief Justice (LCJ) Lord Judge yesterday defeated government efforts to limit the extent to which future holders of the post will have a veto over the work of the online procedure rule committee (OPRC).’

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Legal Futures, 25th June 2019

Source: www.legalfutures.co.uk

Private burial vaults and adverse possession: Holy Trinity, Dalton – Law and Religion UK

Posted June 18th, 2019 in adverse possession, burials and cremation, Christianity, news, tribunals by tracey

‘The Upper Tribunal (Lands Chamber) has upheld the title of the descendants of the original grantor to a family burial vault in a closed church.’

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Law and Religion UK, 17th June 2019

Source: www.lawandreligionuk.com

Entrepreneurs’ Relief: preference shares were ‘ordinary share capital’, says Tribunal – OUT-LAW.com

Posted May 28th, 2019 in dividends, HM Revenue & Customs, news, shareholders, taxation, tribunals by tracey

‘Preference shares which carried the right to a fixed cumulative preferential dividend were ‘ordinary share capital’ for the purposes of calculating entrepreneurs’ relief, the First-tier Tribunal has decided.’

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OUT-LAW.com, 24th May 2019

Source: www.out-law.com

Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in appeals, housing, landlord & tenant, news, service charges, tribunals by tracey

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

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Nearly Legal, 19th May 2019

Source: nearlylegal.co.uk

Jackson calls for overhaul of system for clinical negligence claims – Litigation Futures

‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’

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Litigation Futures, 17th May 2019

Source: www.litigationfutures.com

UK government security decisions can be challenged in court, judges rule – The Guardian

‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Anisminic 2.0 – UK Human Rights Blog

‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’

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UK Human Rights Blog, 15th May 2019

Source: ukhumanrightsblog.com

Court service starts another video hearing pilot running – Legal Futures

‘A pilot enabling domestic abuse victims to take part in hearings by video link from a computer in their solicitor’s office has begun running in Manchester.’

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Legal Futures, 10th May 2019

Source: www.legalfutures.co.uk

Exclusive: Pressured young solicitors “need courage to walk away” – Legal Futures

‘Young solicitors who find themselves in toxic work environments cannot “leave their professional ethical compass at home” and ultimately have to walk away, the president of the Solicitors Disciplinary Tribunal (SDT) has said.’

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Legal Futures, 7th May 2019

Source: www.legalfutures.co.uk

Ticket resellers win tribunal case over action taken by trading standards team – Local Government Lawyer

‘Four ticket resellers have won a case in the First-Tier Tribunal, which ruled that North Yorkshire County Council took action out of time.’

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Local Government Lawyer, 26th April 2019

Source: www.localgovernmentlawyer.co.uk

Tribunal unable to impose new Code agreement over occupied site – OUT-LAW.com

‘The Upper Tribunal (Lands Chamber) has no jurisdiction to impose rights under the Electronic Communications Code (‘the Code’) in favour of an operator of telecommunications equipment, where a third party is currently occupying the land, it has concluded.’

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OUT-LAW.com, 8th April 2019

Source: www.out-law.com

Tax tribunal: presenter Lorraine Kelly not ’employee’ of ITV – OUT-LAW.com

‘TV presenter Lorraine Kelly has won an employment tax case against HM Revenue and Customs (HMRC), after the first-tier tribunal found that she was not an ’employee’ of ITV to whom the IR35 disguised employment provisions should apply.’

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OUT-LAW.com, 22nd March 2019

Source: www.out-law.com

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