‘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.’
Daily Telegraph, 5th March 2018
Source: www.telegraph.co.uk
‘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).’
Legal Futures, 21st February 2018
Source: www.legalfutures.co.uk
‘Where an officer is dismissed at a fast-track hearing, based upon a conviction which is then subsequently overturned, a Police Appeals Tribunal (“PAT”) will likely allow the misconduct appeal. In such circumstances, there has been no finding on the merits in misconduct proceedings to prevent the officer from facing a subsequent standard-track hearing. So said the Court of Appeal in CC Nottinghamshire v R (Gray) [2018] EWCA Civ 34.’
UK Police Law Blog, 13th February 2018
Source: ukpolicelawblog.com
‘The Solicitors Disciplinary Tribunal (SDT) has decided against striking off a solicitor it found had forged correspondence and lied to both her client and her employer, after finding that a root cause of her misconduct was the firm’s culture and the pressure it exerted on her to meet billing targets.’
Legal Futures, 10th January 2018
Source: www.legalfutures.co.uk
‘In a conflict between a clear scheme of covenants and complimentary service charge machinery, and ambiguous declarations as to the relationship between one of the parties to the lease and a third party, (both contained in the same lease) the scheme takes precedence and is binding on the parties – coherence trumps uncertainty where provisions are in conflict.’
Tanfield Chambers, 8th January 2018
Source: www.tanfieldchambers.co.uk
‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’
Tanfield Chambers, 8th January 2018
Source: www.tanfieldchambers.co.uk
‘The Solicitors Disciplinary Tribunal (SDT) has ordered a solicitor who tried to overturn a fine of £2,000 from the Solicitors Regulation Authority (SRA) to pay £54,000 in costs following her unsuccessful appeal.’
Legal Futuresm 9th January 2018
Source: www.legalfutures.co.uk
‘On Monday 8th January, the Church of England reported the findings of the Bishop’s Disciplinary Tribunal for the Diocese of Oxford in the matter of a complaint under the Clergy Discipline Measure 2003 against The Reverend Timothy Davis, Vicar of Christ Church Abingdon, (‘TD’), in respect of the mentoring he provided to a 15/16 year old schoolboy (‘W1’) whose family were members of his congregation. The BBC reports that Church of England officials believed that this was the first occasion on which a tribunal had convicted a priest of spiritual abuse.’
Law & Religion UK, 9th January 2018
Source: www.lawandreligionuk.com
‘A Church of England vicar has been convicted by a tribunal of spiritually abusing a teenage boy.’
BBC News, 8th January 2018
Source: www.bbc.co.uk
‘The costs incurred by Mastercard in defending an attempt to bring one of the largest class actions ever appear “wholly unreasonable and disproportionate”, the Competition Appeal Tribunal (CAT) has found.’
Litigation Futures, 2nd January 2018
Source: www.litigationfutures.com
‘The government’s power to block requests for information on national security grounds has been significantly curtailed by a tribunal ruling over targeted killings of British jihadists abroad.’
The Guardian, 4th January 2018
Source: www.theguardian.com
‘Ukip is to face a tribunal over its use of analytics during the EU referendum after refusing to cooperate with an investigation by the Information Commissioner’s Office.’
The Guardian, 13th December 2017
Source: www.theguardian.com
‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’
UK Constitutional Law Association, 11th December 2017
Source: ukconstitutionallaw.org
‘The First Tier Tribunal is entitled to rely on an applicant to send its application, but not the FTT’s subsequent decision, to the respondents to that application. Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision to that party.’
Tanfield Chambers, 1st December 2017
Source: www.tanfieldchambers.co.uk
‘Payments to two footballers for early termination of fixed term contracts were taxable as termination payments and not as general earnings, even though the contracts envisaged early termination by mutual consent, the UK’s Upper Tribunal has decided, upholding an early First-Tier tribunal decision.’
OUT-LAW.com, 4th December 2017
Source: www.out-law.com
‘I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.’
UK Constitutional Law Association, 4th December 2017
Source: ukconstitutionallaw.org
‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’
Nearly Legal, 1st December 2017
Source: nearlylegal.co.uk
‘The Solicitors Disciplinary Tribunal (SDT) has criticised both the Solicitors Regulation Authority and two former directors of a Preston law firm for their “careless and disrespectful approach” in applying for approval of an ‘agreed outcome’ only a day before their hearing.’
Legal Futures, 29th November 2017
Source: www.legalfutures.co.uk
‘As all lawyers know, the great case about courts confronting a no-go area for them is the late 1960’s case of Anisminic.’
UK Human Rights Blog, November 2017
Source: ukhumanrightsblog.com
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