Hostile environment – Counsel
‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’
Counsel, August 2016
Source: www.counselmagazine.co.uk
Category: tribunals
Unreasonable Conduct in the First-tier Tribunal – Hardwicke Chambers
‘On 22 June 2016, the Upper Tribunal (Lands Chamber) gave judgment in three conjoined appeals concerning the proper interpretation of Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013; four members of Hardwicke appeared in the case. The appeals shared a number of facts: each arose out of a dispute over service charges payable under the lease of a flat; each concerned a dispute between a lessee and a tenant owned management company; and in each the award of costs was greater than the amount of service charge in issue in the proceedings.’
Hardwicke Chambers, 14th July 2016
Source: www.hardwicke.co.uk
Should asylum seekers take action to avoid persecution on the ground of political opinion incorrectly attributed to them? – UK Human Rights Blog
‘The Court of Appeal dismissed the Secretary of State’s appeal challenging the Upper Tribunal’s decision that MSM would have been at risk on return to Somalia on the ground of political opinion. Exceptionally, the court went on to consider the modification of conduct issue in relation to imputed political opinion on an obiter basis, which gave rise to interesting analysis.’
UK Human Rights Blog, 22nd July 2016
Source: www.ukhumanrightsblog.com
Finance & Divorce Update, July 2016 – Family Law week
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.’
Family Law Week, 15th July 2016
Source: www.familylawweek.co.uk
A judge by any other name would smell… much the same – Hardwicke Chambers
‘Did you know that a judge of the First-tier Tribunal (Property Chamber) may be able to hear a county court case and vice versa? Under a scheme being piloted at present, such a thing is indeed possible.’
Hardwicke Chambers, 13th June 2016
Source: www.hardwicke.co.uk
Sloane Stanley v Mundy and others – Tanfield Chambers
‘The claims involved the valuation of premiums under the Leasehold Reform Housing and Urban Development Act 1993. The UTLC listed three applications for the specific purpose of considering the validity of a hedonic regression model (“the Parthenia model”) to determine leasehold relativity. The Tribunal indicated the approach to be adopted for assessing relativity for different lease lengths and commented on the use of published relativity graphs.’
Tanfield Chambers, 21st June 2016
Source: www.tanfieldchambers.co.uk
Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures
‘A costs application, delayed by over five months as a result of “elementary errors” by solicitors, has been rejected as out of time by the First Tier Tax Tribunal (FTT).’
Litigation Futures, 12th July 2016
Source: www.litigationfutures.com
Shoppers ‘ripped off’ by MasterCard stand to gain £400 compensation in record class action – Daily Telegraph
‘Shoppers have been ripped off by as much as £400 each due to unfair chip and pin charges in shops, lawyers preparing a historic class action case against MasterCard have claimed.’
Daily Telegraph, 6th July 2016
Source: www.telegraph.co.uk
Ofcom faces High Court action by CityFibre over claims it protects BT from broadband competition – Daily Telegraph
‘Ofcom has been accused of making “ridiculous” policy decisions that will cement BT’s position in the broadband market as a “single, unassailable wholesale infrastructure provider” in a High Court challenge by alternative network builder CityFibre.’
Daily Telegraph, 5th July 2016
Source: www.telegraph.co.uk
Tribunal backs refusal by transport body to disclose 2005 legal opinion – Local Government Lawyer
‘The First-tier Tribunal has upheld a transport body’s refusal to disclose, following a freedom of information request, advice given by counsel in 2005.’
Local Government Lawyer, 27th June 2016
Source: www.localgovernmentlawyer.co.uk
Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures
‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’
Litigation Futures, 24th June 2016
Source: www.litigationfutures.com
First opt-out collective action lodged with Competition Appeal Tribunal – OUT-LAW.com
‘The first opt-out collective action seeking damages for breaches of competition law has been lodged with the Competition Appeal Tribunal (CAT), following changes to the law in October 2015.’
OUT-LAW.com, 27th June 2016
Source: www.out-law.com
Insufficient evidence to back employment tribunal fees in current form, MPs say – OUT-LAW.com
‘”Substantial changes” to the current employment tribunal fee regime are required if an appropriate balance is to be struck between meeting some of the costs of operation and maintaining access to justice, according to an influential committee of MPs.’
OUT-LAW.com, 22nd June 2016
Source: www.out-law.com
MPs castigate government over court and tribunal fee rises – Litigation Futures
‘MPs have hit out at the government’s approach to increasing court fees, with major changes needed to restore an “acceptable level of access to the employment tribunals”, and also urged ministers not to introduce any more civil court fee rises until there is research into the impact of what has been done to date, particularly on London’s competitiveness as a litigation centre.’
Litigation Futures, 20th June 2016
Source: www.litigationfutures.co.uk
Mattress foam cartel claim not suitable for fast-track damages procedure, CAT rules – OUT-LAW.com
‘The Competition Appeal Tribunal (CAT) has refused an application by six English mattress makers to use its new fast-track procedure (FTP) to claim damages for anti-competitive behaviour, given the complexity of the underlying issues.’
OUT-LAW.com, 20th June 2016
Source: www.out-law.com
Employment tribunal fees ‘will deny workers justice’ – The Independent
‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’
The Independent, 20th June 2016
Source: www.independent.co.uk
Hold Me Close, I’m an Academic – Panopticon
‘If I am an extremely well-regarded academic at Cambridge (don’t snigger at the back, I could be) and due to my eminence I do some unpaid voluntary work for a major international group (here, the Inter-Governmental Panel on Climate Change), the work in relation to which I do over my university email account, are those emails held by the University under the Environmental Information Regulations 2004 (“EIR”)?’
Panopticon, 10th June 2016
Source: www.panopticonblog.com
Economic complexity: CAT vs High Court – Competition Bulletin from Blackstone Chambers
‘One of the advantages of the Competition Appeal Tribunal is said to be the fact that its three-member panel typically includes an economist. But is that really such a big advantage over the High Court?’
Competition Bulletin from Blackstone Chambers, 9th June 2016
Source: www.competitionbulletin.com
Court refuses to declare arbitration agreement ineffective before proceedings begin – OUT-LAW.com
‘It would be “wrong in principle” for the High Court to rule on the existence of a valid arbitration agreement between two companies ahead of any actual proceedings, as this would deny the arbitral tribunal the power to rule on its own jurisdiction, a judge has found.’
OUT-LAW.com, 8th June 2016
Source: www.out-law.com
