Not guilty, but probably dishonest – New Law Journal

Posted June 1st, 2018 in disciplinary procedures, news, solicitors, standard of proof, tribunals by sally

‘John Gould puts disciplinary procedures & the standard of proof required by the Solicitors Disciplinary Tribunal under the spotlight.’

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New Law Journal, 1st June 2018

Source: www.newlawjournal.co.uk

Upper Tribunal backs regulator in ITV pension support case – OUT-LAW.com

Posted May 30th, 2018 in media, news, pensions, tribunals by sally

‘The Upper Tribunal has upheld the Pensions Regulator’s (TPR) use of its powers to seek financial support from ITV for members of a defined benefit (DB) pension scheme attached to the now defunct Box Clever TV rental business.’

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OUT-LAW.com, 25th May 2018

Source: www.out-law.com

Privilege in tax avoidance disputes – OUT-LAW.com

Posted May 10th, 2018 in disclosure, HM Revenue & Customs, news, privilege, tax avoidance, tribunals by sally

‘In UK tax avoidance disputes there are practical difficulties in asserting legal privilege to prevent legal advice being disclosed to HM Revenue & Customs (HMRC) where the taxpayer has to explain the motivations behind a transaction, but properly asserting privilege should never be seen as being ‘uncooperative’.’

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OUT-LAW.com, 9th May 2019

Source: www.out-law.com

Senior partner who bungled hearing loss claims and lied to the court is struck off – Litigation Futures

‘The senior partner of a personal injury firm who bungled 37 noise-induced hearing loss (NIHL) claims and lied to the court has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Litigation Futures, 25th April 2018

Source: www.litigationfutures.com

SDT criticises solicitor for “misleading” evidence on husband’s £80,000 investment in firm – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has strongly criticised a solicitor who gave “misleading” evidence on her husband’s £80,000 investment in a personal injury firm, which it said encouraged her to pay banned referral fees.’

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Legal Futures, 26th April 2018

Source: www.legalfutures.co.uk

Open Up! Access to Upper Tribunal Files – Panopticon

Posted April 25th, 2018 in disclosure, news, third parties, tribunals by sally

‘The Upper Tribunal has its own rules. It is not governed by the CPR. Inevitably, this leaves some gaps on occasion. One of those which occasionally puzzles people interested in the system is that there is no equivalent to CPR rule 5.4C, which allows non-parties the right to ask to see the court file. So can a non-party get access to an Upper Tribunal file, whether or not the material has been referred to in an open hearing?Yes, said the Tax and Chancery Chamber of the Upper Tribunal in Aria Technology Ltd v HMRC & Situation Publishing [2018] UKUT 111 (TCC). Although there was no specific power given in the Rules to disclose documents to non-parties upon request, there was nothing to prohibit it either. The provisions of rule 14(8) – which allows a party to seek a direction preventing disclosure – implicitly recognises a power to disclose. Indeed, Judge Sinfield went further. Applying the open justice principle as set out in no uncertain terms in R (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2012] EWCA Civ 420, the Upper Tribunal had an inherent power and indeed a common law duty to consider any request for access to or disclosure of the court file, including material not referred to in open court.’

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Panopticon, 25th April 2018

Source: panopticonblog.com

What’s in a Junior Civil Servant’s Name? Personal Data Stoopid – Panopticon

Posted April 24th, 2018 in civil servants, data protection, disclosure, news, tribunals by sally

‘If there is one thing everyone using FOIA is used to, it is the idea that the personal data (names, contact details) of ‘junior civil servants’ will be redacted out of the disclosed information, applying the section 40(2) personal data exemption. Unless there is a good reason not to. But what if everyone is wrong? Is redacting junior civil servants just a personal data shibboleth?’

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Panopticon, 23rd April 2018

Source: panopticonblog.com

High Court rejects disbarred barrister’s appeal against refusal to readmit him to Gray’s Inn – Legal Futures

‘A disbarred barrister whose bid to rejoin Gray’s Inn and starting practising again after 15 years was refused has lost an appeal to the High Court.’

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Legal Futures, 12th April 2018

Source: www.legalfutures.co.uk

Tribunal lifts restrictions on solicitor who “carved out new area of expertise” – Legal Futures

Posted April 4th, 2018 in client accounts, disciplinary procedures, fines, news, solicitors, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) has removed the conditions on the practising certificate (PC) of a solicitor fined for allowing improper payments to be made out of client account.’

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Legal Futures, 3rd April 2018

Source: www.legalfutures.co.uk

Clerical abuse of spiritual power and authority: Penalty – Law & Religion UK

Posted March 27th, 2018 in Church of England, clergy, disciplinary procedures, news, penalties, tribunals by tracey

‘Our post on 12 March 2018 reported the announcement by the Diocese of Oxford that a two-year penalty had been imposed on the Revd Timothy Davis, following the recent penalty hearing, Decision of the CDM Tribunal, 8 December 2017, (“the Abingdon case”). The Determination of the penalty has now been published formally by the CofE and in this post we examine aspects of “clerical abuse of spiritual power and authority”, raised in this decision and in the evidence given to the IICSA hearing on the Anglican Church.’

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Law & Religion UK, 26th March 2018

Source: www.lawandreligionuk.com

National law firm fined £20,000 for using client account as banking facility – Legal Futures

‘National law firm Laytons has been fined £20,000 by the Solicitors Disciplinary Tribunal (SDT) for using its client account as a banking facility for a European network of law firms, a foreign client and a tax practitioners’ group.’

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Legal Futures, 22nd March 2018

Source: www.legalfutures.co.uk

Tax tribunal rules digital newspapers should be subject to VAT – OUT-LAW.com

Posted March 20th, 2018 in internet, media, news, taxation, tribunals, VAT by sally

‘A UK tax tribunal has ruled that digital versions of daily newspapers should be subject to VAT, unlike printed editions containing the same content.’

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OUT-LAW.com, 19th March 2018

Source: www.out-law.com

‘It was heartbreaking’: Family wins tribunal after special needs pupil excluded – The Guardian

Posted March 20th, 2018 in education, news, school exclusions, special educational needs, tribunals by sally

‘Mother tells of academy that seemed to care more about its behaviour policy than her son’s education’

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The Guardian, 20th March 2018

Source: www.theguardian.com

Solicitor struck off after ‘heinous’ attempt to cover up litigation error – Litigation Futures

‘A solicitor whose corporate client had a summary judgment entered against them because he failed to attend a court hearing, has been struck off after making a false statement denying he knew about it in advance.’

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Litigation Futures, 19th March 2018

Source: www.litigationfutures.com

Challenge to investor-state jurisdiction award successful – OUT-LAW.com

Posted March 12th, 2018 in arbitration, jurisdiction, news, treaties, tribunals by sally

‘A recent ruling has highlighted the willingness and competence of courts to determine a tribunal’s scope of jurisdiction over disputes between investors and nation state governments, an arbitration expert has said.’

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OUT-LAW.com, 12th March 2018

Source: www.out-law.com

Oxfordshire vicar who spiritually abused boy banned from ministry – The Guardian

Posted March 12th, 2018 in child abuse, Church of England, clergy, disqualification, news, tribunals by sally

‘A Church of England vicar has been banned from ministry for two years after being found guilty of spiritually abusing a teenage boy.’

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The Guardian, 11th March 2018

Source: www.theguardian.com

Judicial review or internal appeal against bias? – UK Police Law Blog

Posted March 9th, 2018 in appeals, bias, judicial review, news, police, recusal, tribunals by tracey

‘Where a police officer makes an unsuccessful application for a panel to recuse itself on the grounds of perceived (or actual) bias, can he apply for judicial review of the decision before exhausting his ‘internal’ right of appeal (under rule 4(4)(c) of the Police Appeals Tribunal Rules 2012)?’

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UK Police Law Blog, 9th March 2018

Source: ukpolicelawblog.com

Malnick: section 36 reasonableness and the functus ICO – Panopticon

Posted March 8th, 2018 in appeals, freedom of information, news, tribunals by tracey

‘The Upper Tribunal’s most recent judgment – IC v Malnick and ACOBA (GIA/447/2017) – is a rare thing these days: a binding decision that makes a meaningful and general (rather than fact-specific) contribution to FOIA jurisprudence. In particular, it tells us (1) how to assess the reasonableness of a qualified person’s opinion for section 36 FOIA purposes, and (2) whether the FTT can remit a case to the ICO for a fresh decision if it allows an appeal.’

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Panopticon, 5th March 2018

Source: panopticonblog.com

Homeowners battle freeholder over £20,000 ‘Grenfell bill’ – Daily Telegraph

Posted March 5th, 2018 in housing, landlord & tenant, London, news, repairs, service charges, tribunals by tracey

‘Residents of a luxury north London apartment block are battling their freeholder over who should pay a multi-million-pound bill to replace dangerous Grenfell-style cladding, and for the wages of fire marshals.’

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Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Solicitor who lied about property during own divorce is struck off – Legal Futures

Posted February 22nd, 2018 in disciplinary procedures, disqualification, divorce, news, solicitors, tribunals by sally

‘A partner in a South Yorkshire law firm who failed to disclose on the financial statement for his own divorce proceedings ownership of a second property has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 21st February 2018

Source: www.legalfutures.co.uk