‘The UK’s first ‘opt-out’ class action claim has been withdrawn on the basis that its costs would outweigh the potential damages available.’
OUT-LAW.com, 5th June 2017
Source: www.out-law.com
‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’
Free Movement 5th June 2017
Source: www.freemovement.org.uk
‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’
Litigation Futures, 5th June 2017
Source: www.litigationfutures.com
‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’
Free Movement, 5th June 2017
Source: www.freemovement.org.uk
‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’
Legal Futures, 5th June 2017
Source: www.legalfutures.co.uk
‘A Romanian nurse hired after being interviewed via Skype put patients’ health at risk because his English was so bad, a tribunal has heard.’
Daily Telegraph, 2nd June 2017
Source: www.telegraph.co.uk
‘Can an employee claim direct or indirect discrimination on grounds of religion because she feels that her employer’s behaviour is inconsistent with what she understands to be “the Christian way of life”? That was one of the issues raised in Miss M Keens-Betts v The Anthony Gregg Partnership Ltd [2017] UKET 2208102/2016.’
Law & Religion UK, 1st June 2017
Source: www.lawandreligionuk.com
‘The Law Society abused its dominant position by requiring over 3,000 law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation, the Competition Appeal Tribunal (CAT) has ruled.’
Legal Futures, 26th May 2017
Source: www.legalfutures.co.uk
‘This was an appeal to the UT on various issue arising from an FTT decision. We will not dwell on the issue of specific charges not being consulted on under s.20, but not – as the UT found, overturning the FTT – subject to a Qualifying Long Term Agreement, because the more general point concerned the landlord having put some £11,000 of legal costs on the drawn out service charge disputes through on the service charge (not, we should note, as an administrative charge).’
Nearly Legal, 28th May 2017
Source: nearlylegal.co.uk
‘A mere three years ago, the FTT held that the Ministerial Diary of Andrew Lansley was relevantly held under FOIA and was not exempt under section 35(1)(b). Now the Court of Appeal has held, in Department of Health v Information Commissioner & Lewis [2017] EWCA Civ 374, that the FTT made no error. The fact that no-one can now remember who Andrew Lansley was (now Lord Lansley CBE thank you) or why anyone would care, is by-the-by.’
Panopticon, 25th May 2017
Source: www.panopticonblog.com
‘A recent decision from the High Court in Chief Constable of Thames Valley v Police Misconduct Panel [2017] EWHC 923 (Admin) says that misconduct panels can now be judicially reviewed by Chief Constables – but gives rise to a number of new and potentially awkward questions.’
UK Police Law Blog, 22nd May 2017
Source: www.ukpolicelawblog.com
‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’
Free Movement, 19th May 2017
Source: www.freemovement.org.uk
‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’
Free Movement, 22nd May 2017
Source: www.freemovement.org.uk
‘A First-Tier Tribunal has refused a call from a retired solicitor to order a county council to disclose counsel’s opinion.’
Local Government Lawyer, 15th May 2017
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal has held that an estimated service charge that had not been demanded in accordance with a lease would not have been payable but for the lessee taking out a loan from the lessor to pay it and thereby waiving strict compliance with the terms of the lease; s.7, Interpretation Act 1978 does not apply to notices served under the Landlord and Tenant Act 1985 unless a lease provides that s.196 Law of Property Act 1925 is to apply to the service of notices’
Arden Chambers, 20th April 2017
Source: www.ardenchambers.com
‘A Deputy High Court judge has quashed a Welsh council’s grant of temporary planning permission for the use of land as a residential gypsy site.’
Local Government Lawyer, 2nd May 2017
Source: www.localgovernmentlawyer.co.uk
‘In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of its order it required that Canary Riverside Management Ltd must, amongst other things, provide copy documents (accounts, invoices, etc) to Mr Coates. Mr Coates contended that this order had not been complied with and brought a claim in the County Court for an injunction against Canary Riverside Management Ltd seeking to enforce the management order. The County Court made an injunction, with a penal notice attached, restraining Canary Riverside Management Ltd from
1. Changing any locks to the premises;
2. Removing any property from the premises;
3. Interfering with the manager’s exercise of his obligations under the management order.’
Nearly Legal, 26th April 2017
Source: www.nearlylegal.co.uk
‘A county council has won an appeal to the First-Tier Tribunal over a decision by the Information Commissioner’s Office that it was not entitled to redact certain information in a variation agreement to a waste disposal contract.’
Local Government Lawyer, 24th April 2017
Source: www.localgovernmentlawyer.co.uk
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