tribunals – Page 22 – Current Awareness

Home Office unlawfully imposes curfew on migrant – Free Movement

Posted June 6th, 2016 in appeals, bail, deportation, immigration, news, tribunals by sally

‘Gedi, R (On the Application Of) v Secretary of State for Home Department [2016] EWCA Civ 409 (17 May 2016) is a case where the Home Office took it into their own hands to impose curfew restrictions over and above bail conditions those imposed by the First Tier Tribunal, as well as those they are entitled to impose as afforded to the Home Office by statute. The Court of Appeal were clear they had no such power to do so.’

Free Movement, 6th June 2016

Source: www.freemovement.org.uk

Deferment Rate Revisited – Tanfield Chambers

Posted June 2nd, 2016 in enfranchisement, housing, leases, news, tribunals, valuation by sally

‘The deferment rate is a key input in every enfranchisement claim whether it relates to the enfranchisement of a house, block of flats or the extension of a flat lease. The current deferment rate was set by the Lands Tribunal in Earl Cadogan v Sportelli [2007] 1 EGLR 153. This article explains what the deferment rate is and how the Tribunal arrived at the value which has been universally adopted since the decision in Sportelli. It then explores the status of the decision in Sportelli and asks whether it is time to re-set the deferment rate. The last part of the article looks at deferment rates for shorter leases.’

Tanfield Chambers, 31st May 2016

Source: www.tanfieldchambers.co.uk

Employment tribunal cases withdrawn over ‘off-putting’ fees – Law Society’s Gazette

Posted June 2nd, 2016 in employment tribunals, fees, news, tribunals by sally

‘While employment lawyers await the outcome of a government review of employment tribunal fees, research by a conciliatory body suggests one in five cases were withdrawn as a result of the ‘off-putting’ fees.’

Law Society’s Gazette, 1st June 2016

Source: www.lawgazette.co.uk

Disabled man born after incest rape wins right to claim compensation – BBC News

Posted June 2nd, 2016 in birth, compensation, criminal injuries compensation, disabled persons, incest, news, personal injuries, rape, tribunals by sally

‘A man born with severe disabilities after his mother was raped by her father has won the right to claim compensation.’

BBC News, 1st June 2016

Source: www.bbc.co.uk

High Court rejects appeal from solicitor who “neither thought nor cared about” the rules – Legal Futures

Posted May 31st, 2016 in appeals, disciplinary procedures, disqualification, news, professional conduct, solicitors, tribunals by tracey

‘The High Court has rejected an appeal against striking off from a solicitor who “neither thought nor cared about” the rules governing his profession.’

Legal Futures, 31st May 2016

Source: www.legalfutures.co.uk

Council appeals to Court of Appeal in dispute over houses in multiple occupation and bedroom sizes – Local Government Lawyer

Posted May 25th, 2016 in appeals, houses in multiple occupation, housing, local government, news, tribunals by sally

‘Nottingham City Council has applied to the Court of Appeal for permission to appeal after the Upper Tribunal dismissed its challenge to terms of Houses in Multiple Occupation (HMO) licences that restricted the occupation of bedrooms to a particular type of occupier.’

Local Government Lawyer, 23rd May 2016

Source: www.localgovernmentlawyer.co.uk

Doctor cleared of failing to tell cancer patient her condition was terminal – The Guardian

Posted May 25th, 2016 in cancer, disciplinary procedures, doctors, medical treatment, news, professional conduct, tribunals by sally

‘A doctor at the centre of sports doping allegations has been cleared of failing to tell a cancer patient her condition was terminal.’

The Guardian, 24th May 2016

Source: www.guardian.co.uk

Civil Justice Council decides against new housing court – Litigation Futures

Posted May 23rd, 2016 in case management, civil justice, consultations, courts, dispute resolution, housing, news, pilot schemes, tribunals by sally

‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’

Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

High Court rejects Barnett’s appeal against strike-off – Legal Futures

Posted May 19th, 2016 in appeals, bias, disciplinary procedures, disqualification, news, solicitors, tribunals by sally

‘The High Court has rejected an appeal by Richard Barnett, senior partner of collapsed conveyancing firm Barnetts, against his striking-off by the Solicitors Disciplinary Tribunal (SDT).’

Legal Futures, 19th May 2016

Source: www.legalfutures.co.uk

How the other half live – Nearly Legal

Posted May 16th, 2016 in costs, news, taxation, tribunals by sally

‘Eclipse Film Partners v HMRC [2016] UKSC 24 has almost nothing to do with housing law. It was an appeal from the First Tier Tribunal (Tax Chamber), via the UT (TCC) and the CA. It wasn’t even about the substantive issues in the case, rather, it was about who should pay for the costs of the bundles (which cost over £215,000 to produce – more than 700 files in the trial bundle!).’

Nearly Legal, 12th May 2016

Source: www.nearlylegal.co.uk

Tate to face information tribunal over payments from BP – The Guardian

Posted May 9th, 2016 in budgets, disclosure, energy, environmental protection, news, tribunals by sally

‘Tate will come under fire again over its relationship with fossil fuel companies when it is forced to defend its refusal to disclose details of financial payments made to it by BP.’

The Guardian, 8th May 2016

Source: www.guardian.co.uk

Tribunal “appalled and dismayed” by SRA’s approach to prosecuting solicitor – Legal Futures

Posted May 6th, 2016 in accounts, disciplinary procedures, news, solicitors, tribunals by tracey

‘The Solicitors Disciplinary Tribunal (SDT) has slammed a prosecution by the Solicitors Regulation Authority (SRA) in the strongest terms, saying it was “appalled and dismayed” that the regulator had asked it to “rubber stamp” a deal which saw charges of dishonesty dropped at the last minute after the solicitor involved admitted lesser allegations.’

Legal Futures, 6th May 2016

Source: www.legalfutures.co.uk

Asylum court fee hike makes access to justice a “luxury” for the few – The Bar Council

Posted April 28th, 2016 in asylum, barristers, civil justice, fees, immigration, press releases, tribunals by tracey

‘Plans put forward by the Ministry of Justice yesterday to increase fees for those seeking justice through the Immigration and Asylum tribunal system by 500% is yet another step towards putting access to justice beyond the means of those who most need it, warns the Bar Council.’

Full press release

The Bar Council, 28th April 2016

Source: www.barcouncil.org.uk

Immigration tribunal can appoint litigation friend despite no provision in the rules – Free Movement

Posted April 27th, 2016 in immigration, legal representation, litigation friends, news, practice directions, tribunals by sally

‘In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there is no provision to do so in the procedure rules, nor indeed in the statutory underpinnings of the tribunal.’

Free Movement, 27th April 2016

Source: www.freemovement.org.uk

Location, Location, Registration – Tanfield Chambers

Posted April 26th, 2016 in boundaries, land registration, news, tribunals by sally

‘Two recent cases of the Upper Tribunal indicate clear differences in judicial opinion as to the jurisdiction of the Land Registration Division of the First Tier Tribunal (1) to make general findings as to the location of boundaries of registered titles and (2) to direct the Registrar to make entries in the Register reflecting those findings when those findings do not reflect an application that has been made for registration of a determined boundary.’

Tanfield Chambers, 21st April 2016

Source: www.tanfieldchambers.co.uk

VAT and service charges: indivisible or not indivisible-is that the question? – Tanfield Chambers

Posted April 26th, 2016 in appeals, landlord & tenant, news, service charges, tribunals, VAT by sally

‘This article gives consideration of the decision of the Upper Tribunal (Lands Chamber) in Janine Ingram v Church Commissioners for England [2015] UKUT.’

Tanfield Chambers, 26th April 2016

Source: www.tanfieldchambers.co.uk

Asylum and immigration court fees set to rise by over 500% – The Guardian

Posted April 25th, 2016 in appeals, asylum, budgets, children, consultations, costs, deportation, domestic violence, fees, immigration, legal aid, news, probate, sexual offences, statistics, time limits, tribunals by sally

‘Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.’

The Guardian, 21st April 2016

Source: www.guardian.co.uk

Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination – Free Movement

Posted April 25th, 2016 in appeals, deportation, detention, education, examinations, fraud, immigration, news, practice directions, tribunals by sally

‘President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office evidence suffered from “multiple frailties and shortcomings” and that the two witnesses produced by the Home Office were unimpressive. In short, the Home Office failed by a significant margin to prove the alleged fraud.’

Free Movement, 25th April 2016

Source: www.freemovement.org.uk

UK spy agencies have collected bulk personal data since 1990s, files show – The Guardian

Posted April 21st, 2016 in complaints, data protection, electronic mail, intelligence services, interception, internet, news, passports, privacy, telecommunications, tribunals by tracey

‘Britain’s intelligence agencies have been secretly collecting bulk personal data since the late 1990s and privately admit they have gathered information on people who are “unlikely to be of intelligence or security interest”.’

The Guardian, 21st April 2016

Source: www.guardian.co.uk

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