Category: tribunals

Judge concerned at council tax enforcement and Valuation Tribunal appeals uncertainty – Local Government Lawyer

Posted April 20th, 2016 in bankruptcy, council tax, enforcement, news, tribunals, valuation by sally

‘A High Court judge has expressed concern at “the substantial degree of uncertainty that exists” in relation to how the courts, both magistrates and the bankruptcy county court, should deal with the enforcement of domestic council tax liability orders in the context of the availability of the remedy by way of appeal to the Valuation Tribunal.’

Full story

Local Government Lawyer, 19th April 2016

Source: www.localgovernmentlawyer.co.uk

Third ‘fast track’ abuse of dominant position claim filed with Competition Appeal Tribunal – OUT-LAW.com

Posted April 19th, 2016 in appeals, competition, Law Society, news, tribunals by sally

‘A third claim alleging anti-competitive behaviour using a new ‘fast track’ procedure has been filed with the Competition Appeal Tribunal (CAT), showing a “pattern” of such cases beginning to emerge, an expert has said.’

Full story

OUT-LAW.com, 14th April 2016

Source: www.out-law.com

Theresa May barred from deporting six men to Algeria over torture concerns – The Independent

Posted April 19th, 2016 in appeals, deportation, human rights, immigration, news, proscribed organisations, terrorism, torture, tribunals by sally

‘The Government has been barred from deporting six men to Algeria because there is a “real risk” they could be tortured there, judges have ruled.’

Full story

The Independent, 18th April 2016

Source: www.independent.co.uk

The Equality Act and Regulators – Which Forum? – Littleton Chambers

Posted April 14th, 2016 in appeals, courts, doctors, employment tribunals, equality, news, tribunals by sally

‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’

Full story

Littleton Chambers, 24th March 2016

Source: www.littletonchambers.com

Susskind: online court is just the beginning – Law Society’s Gazette

Posted April 11th, 2016 in civil justice, courts, dispute resolution, electronic filing, family courts, internet, legal profession, legal representation, litigants in person, news, tribunals by tracey

‘The proposed online court is a “pragmatic first step” on the road to a fully integrated online and conventional court service, an influential body has predicted. Professor Richard Susskind (pictured), who leads a panel of experts on digital dispute resolution, said proposals by Lord Justice Briggs for an online court for small claims were to be welcomed.’

Full story

Law Society’s Gazette, 9th April 2016

Source: www.lawgazette.co.uk

The Duke and Duchy of Cornwall and the EIRs – Panopticon

Posted April 7th, 2016 in appeals, environmental protection, freedom of information, news, regulations, royal family, tribunals by sally

‘The Duchy of Cornwall was established by Edward III in 1337 for his son. There is a landed estate (the Duchy) and a title (the Duke). Edward III was no doubt unconcerned about any legal duties that may attach to the Duchy; he had bigger fish to fry. In the 21st century, however, at least one knotty question of legal duty has surfaced.’

Full story

Panopticon, 5th April 2016

Source: www.panopticonblog.com

MoJ wins privilege battle over PowerPoint slides prepared by counsel for training session – Legal Futures

Posted April 7th, 2016 in disclosure, documents, freedom of information, Ministry of Justice, news, privilege, tribunals by sally

‘PowerPoint slides prepared by external counsel for training at the Ministry of Justice were subject to legal professional privilege and did not have to be disclosed under the Freedom of Information Act, the First-Tier Tribunal (FTT) has ruled.’

Full story

Legal Futures, 7th April 2016

Source: www.legalfutures.co.uk

Prince of Wales’ Duchy of Cornwall wins oyster farm scrutiny appeal – BBC News

Posted April 5th, 2016 in appeals, environmental protection, fisheries, freedom of information, news, royal family, tribunals by sally

‘The Prince of Wales’s private estate has won an appeal against a ruling that would have forced it to open up its dealings to greater public scrutiny.’

Full story

BBC News, 4th April 2016

Source: www.bbc.co.uk

DWP tribunal criticises Labour MP Jess Phillips for ‘showing too much affection and friendship’ – The Independent

Posted April 4th, 2016 in benefits, complaints, disabled persons, news, parliament, professional conduct, tribunals by sally

‘A Labour MP has been criticised by a judge at a tribunal for showing too much affection and friendship towards a constituent on disability benefits. ‘

Full story

The Independent, 3rd April 2016

Source: www.independent.co.uk

Theresa May faces parliamentary investigation over flimsy basis for student deportations – The Independent

Posted March 24th, 2016 in deportation, examinations, immigration, ministers' powers and duties, news, tribunals, universities by tracey

‘Theresa May is to face a parliamentary investigation after an immigration tribunal ruled that the Home Office used unscientific “hearsay” to deport thousands of students from Britain.’

Full story

The Independent, 23rd March 2016

Source: www.independent.co.uk

Personal data and politicians’ names – Panopticon

Posted March 21st, 2016 in appeals, closed material, council tax, data protection, disclosure, freedom of information, human rights, local government, news, privacy, public interest, tribunals by tracey

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

Full story

Panopticon, 18th March 2016

Source: www.panopticonblog.com

Revenue and Customs Commissioners v Apollo Fuels Ltd and others – WLR Daily

Posted March 21st, 2016 in employment, HM Revenue & Customs, income tax, law reports, leases, remuneration, tribunals by tracey

Revenue and Customs Commissioners v Apollo Fuels Ltd and others; [2016] EWCA Civ 157

‘The employers leased cars to their employees to enable them to carry out their duties. The cars were leased on arm’s length commercial terms, including lease charges at full market value. The revenue concluded that the provision of the cars was a taxable benefit, for the purposes of the Income Tax (Earnings and Pensions) Act 2003, and served notices of assessment for that tax on the employees. The First-tier Tribunal allowed the employees’ appeal, holding that the provision of the cars was a “benefit” which fell within section 114 of the 2003 Act with the result that Chapter 6 of Part 3 of the 2003 Act applied. That decision was affirmed by the Upper Tribunal.’

WLR Daily, 17th March 2016

Source: www.iclr.co.uk

Speech by Sir Ernest Ryder: The Modernisation of Access to Justice in Times of Austerity – Courts and Tribunals Judiciary

Posted March 9th, 2016 in budgets, electronic filing, speeches, tribunals by tracey

‘Speech by Sir Ernest Ryder: The Modernisation of Access to Justice in Times of Austerity; 5th Annual Ryder Lecture at the University of Bolton.’

Full speech

Courts and Tribunals Judiciary, 7th March 2016

Source: www.judiciary.gov.uk

The justice system of the future: online continuous hearings and a single point of entry – Legal Futures

Posted March 8th, 2016 in courts, internet, judges, news, speeches, tribunals by sally

‘The first trial of online dispute resolution (ODR) in the UK’s courts and tribunals will introduce a concept known as the “online continuous hearing”, it has emerged, with the Senior President of Tribunals urging a change in perception of litigation from an adversarial dispute to “a problem to be solved”.’

Full story

Legal Futures, 8th March 2016

Source: www.legalfutures.co.uk

Secret Evidence in Immigration Tribunal Hearings: R (on the Application of ILPA) v Tribunal Procedure Committee and Lord Chancellor – Free Movement

Posted March 1st, 2016 in civil procedure rules, evidence, immigration, news, private hearings, tribunals by sally

‘Open justice is one of the most crucial features of a free state. In weighing up individual cases, courts have sometimes decided that open justice shoud give way to other, equally necessary, ideals. For instance, national security won the day in the Court of Appeal decision in the Erol Incedal case. This was inevitably criticised by the press. In Immigration Law Practitioners Association, R (On the Application Of) v Tribunal Procedure Committee & Anor [2016] EWHC 218 (Admin), Mr Justice Blake in the High Court deals whether in appropriate circumstances information can be withheld from an appellant, or both an appellant and their representative, in immigration tribunals. Rule 13 of the 2014 Immigration Tribunal Procedure Rules purports to do just that; the Immigration Law Practitioner’s Association (ILPA) brought a challenge to its legality.’

Full story

Free Movement, 29th February 2016

Source: www.freemovement.org.uk

A Hawarden Kite – Nearly Legal

Posted March 1st, 2016 in covenants, forfeiture, housing, leases, news, tribunals by sally

‘Forfeiture of (residential) long leases is a controversial subject: on the one hand, it’s clear that there has to be a practical and accessible route for landlords to enforce covenants, whether as to payment of monies or more general “management” covenants (e.g. stopping people just removing load bearing walls); but, on the other, the potential for an enormous (and almost always disproportionate) benefit to the landlord if the lease actually is forfeited is pretty hard to justify. Moreover, as a result of both the general drafting techniques in long leases and some [ahem] interesting Court of Appeal decisions, there is a pretty good case that a landlord can recover his legal and professional costs of pursuing forfeiture matters, even if the breach is trivial or if relief would be granted.’

Full story

Nearly Legal, 29th February 2016

Source: www.nearlylegal.co.uk

When is a boundary dispute not a boundary dispute? – Hardwicke Chambers

Posted February 23rd, 2016 in boundaries, land registration, news, tribunals by sally

‘For litigants and property practitioners alike the FFT Property Chamber Land Registration has a number of advantages; not least no tribunal fees and a free mediation service. However the recent case of Murdoch & or v Amesbury & or [2016] UKUT 3 (TCC) is a timely reminder that the tribunal is not simply an alternative for the county court.’

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Hardwicke Chambers, 11th February 2016

Source: www.hardwicke.co.uk

The FCA and Upper Tribunal – Financial Services Blog

Posted February 22nd, 2016 in enforcement, financial services ombudsman, money laundering, news, tribunals by sally

‘The FCA’s “further decision notice” on Mr Tariq Carrimjee (senior partner and CEO of Somerset Asset Management) revealed that, the regulator has taken on board the Tribunal’s view that banning Mr Carrimjee from all regulated activity would be “irrational and disproportionate”, and it has instead decided to prohibit him from performing compliance oversight (CF10) and money laundering reporting functions (CF11).’

Full story

Financial Services Blog, 15th February 2016

Source: www.rpc.co.uk

Shabir Ahmed: Sex gang leader appeals over deportation – BBC News

Posted February 17th, 2016 in appeals, child abuse, citizenship, conspiracy, deportation, human rights, immigration, Islam, news, sexual grooming, sexual offences, tribunals by michael

‘The ringleader of a child sex grooming gang has appealed against deportation from Britain on human rights grounds.’

Full story

BBC News, 16 February 2016

Source: www.bbc.co.uk

Immigration lawyers fail with challenge to secret evidence – Law Society’s Gazette

Posted February 16th, 2016 in closed material, immigration, news, tribunals by sally

‘A rule that allows decisions in immigration appeals to be based on undisclosed evidence is not unlawful, the High Court has ruled.’

Full story

Law Society’s Gazette, 16th February 2016

Source: www.lawgazette.co.uk