Category: tribunals

Adoptions from Abroad: Article 8 Fails to Assist – UK Human Rights Blog

Posted November 12th, 2015 in adoption, appeals, children, families, human rights, immigration, news, tribunals by sally

‘A child (SM) who was adopted in Algeria by a French couple living in the UK was refused an application for a right of entry as a family member. Having been overturned in the Upper Tribunal, the Entry Clearance Officer (ECO) successfully appealed to the Court of Appeal. SM was not, the court held, a family member of Mr M. A keen human rights observer might think this was an apparent infringement of article 8 ECHR (the right to family life).’

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UK Human Rights Blog, 12th November 2015

Source: www.ukhumanrightsblog.com

Guidance on appealing Upper Tribunal costs decisions to the Court of Appeal – Free Movement

Posted November 10th, 2015 in appeals, costs, judicial review, law firms, news, tribunals by sally

‘President McCloskey gives guidance on appealing Upper Tribunal costs decisions to the Court of Appeal in the case of R (on the application of Soreefan and Others) v Secretary of State for the Home Department (judicial review – costs – Court of Appeal) [2015] UKUT 594 (IAC).’

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Free Movement, 10th November 2015

Source: www.freemovement.org.uk

New Country Guidance case on Afghan Sikhs – Free Movement

Posted November 10th, 2015 in Afghanistan, asylum, harassment, immigration, news, religious discrimination, Sikhism, tribunals by sally

‘At long last the long awaited new Country Guidance case on Sikhs from Afghanistan is out. The case is TG and others (Afghan Sikhs persecuted) (CG) [2015] UKUT 595 (IAC).’

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Free Movement, 9th November 2015

Source: www.freemovement.org.uk

Interception, Authorisation and Redress in the Draft Investigatory Powers Bill – UK Human Rights Blog

Posted November 5th, 2015 in bills, interception, investigatory powers, news, tribunals, warrants by sally

‘The Government has published a draft Bill on Investigatory Powers that it hopes to see through Parliament within a year. If it becomes law, the Investigatory Powers Bill will replace much, but not all, of the Regulation of Investigatory Powers Act 2000, as well as the Data Retention and Investigatory Powers Act 2014.’

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UK Human Rights Blog, 5th November 2015

Source: www.ukhumanrightsblog.com

Wales – it’s just more appealing – Nearly Legal

Posted November 5th, 2015 in appeals, civil procedure rules, housing, news, tribunals, Wales by sally

‘Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC) depending on whether the case started in England or Wales.’

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Nearly Legal, 5th November 2015

Source: www.nearlylegal.co.uk

IPT rules on interception of Parliamentarians’ communications – UK Human Rights Blog

Posted October 20th, 2015 in interception, investigatory powers, news, parliament, tribunals by sally

‘If parliamentarians are seen to be taking a more forensic interest in matters of surveillance in the coming weeks and months, the reason is unlikely to be purely down to the publication of the greatly anticipated surveillance legislation. Last week’s Investigatory Powers Tribunal judgment has sent ripples of discontent through both Houses of Parliament, evidenced in immediate calls for an emergency debate on the subject (scheduled to take place in the House of Commons later today).’

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UK Human Rights Blog, 19th October 2015

Source: www.ukhumanrightsblog.com

Court closure consultation in England and Wales ends – BBC News

Posted October 8th, 2015 in consultations, courts, news, tribunals by sally

‘A government consultation on plans to close 91 courts and tribunals in England and Wales, and integrate or merge another 31, is closing.’

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BBC News, 8th October 2015

Source: www.bbc.co.uk

Is it Getting Chilly in Here? – Panopticon

Posted October 7th, 2015 in benefits, freedom of information, news, tribunals by sally

‘It has been an admirable trend of Tribunals in FOIA cases over the last few years that they have been increasingly sceptical of assertions on the part of public authorities that disclosure will provide chilling effects on their activities. An inevitable pattern forms of an insistence that the sky will fall in if information is released, information is released (or leaked), and the sky appears not to fall in. Government grinds on. But Judge Jacobs has provided a little more comfort for such arguments in DWP v Information Commissioner, Slater & Collins [2015] UKUT 535 (AAC). The case related to various risk register documents related to Universal Credit.’

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Panopticon, 7th October 2015

Source: www.panopticonblog.com

Dust settles on new UK antitrust litigation regime – Zenith Chambers

Posted October 7th, 2015 in class actions, competition, consumer protection, news, tribunals by sally

‘With the Consumer Rights Act 2015 competition law provisions coming into effect on 1 October it is time to reflect on what the reforms, including the new opt-out collective actions regime and enhanced role for the Competition Appeal Tribunal (CAT), will mean in practice.’

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Zenith Chambers, 5th October 2015

Source: www.zenithchambers.co.uk

Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away – Competition Bulletin from Blackstone Chambers

Posted October 5th, 2015 in appeals, civil procedure rules, competition, consumer protection, damages, EC law, jurisdiction, limitations, news, tribunals by sally

‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition law infringers up and down the land must be rubbing their hands in glee at the transitional provisions contained in Rule 119 of the Competition Appeal Tribunal Rules 2015 (“the 2015 CAT Rules” or the “New Rules”).’

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Competition Bulletin from Blackstone Chambers, 1st October 2015

Source: www.competitionbulletin.com

US-style class actions introduced in UK – BBC News

Posted October 1st, 2015 in class actions, compensation, competition, consumer protection, news, tribunals by sally

‘A newly introduced law allows British courts to hear US-style class actions – where one or several people sue on behalf of a much larger group.’

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BBC News, 1st October 2015

Source: www.bbc.co.uk

When should a decision be remitted to a different decision-maker? – Competition Bulletin from Blackstone Chambers

Posted September 28th, 2015 in appeals, competition, health, hospitals, inquiries, news, regulations, tribunals by sally

‘The Court of Appeal’s answer to this question in HCA International Limited v CMA [2015] EWCA Civ 492 was, in effect: rarely. The judgment, which contains some serious criticism of the CMA even though it won the case, illustrates just how high the threshold is before a court will insist that a remitted decision should go to a new decision-maker. It is not enough for the original decision-maker to have made a mistake, however conspicuous. Rather, there needs to be a reasonable perception of unfairness or damage to public confidence in the regulatory process.’

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Competition Bulletin from Blackstone Chambers, 25th September 2015

Source: www.competitionbulletin.com

Solicitor who forged client’s signature on witness statement struck off – Legal Futures

Posted September 25th, 2015 in disciplinary procedures, forgery, licensing, loans, news, solicitors, Solicitors Regulation Authority, time limits, tribunals, witnesses by sally

‘A solicitor who forged his client’s signature on a witness statement has been struck off, even though the client himself expressed surprise that disciplinary action had been taken.’

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Legal Futures, 24th September 2015

Source: www.legalfutures.co.uk

Courts to move from ‘physical paradigm’ – new HMCTS chief – Law Society’s Gazette

Posted September 24th, 2015 in consultations, courts, news, speeches, tribunals by sally

‘Proceeds from the sale of underused court buildings will be invested in technology to move away from the “physical paradigm”, HM Courts and Tribunals Service’s new chief executive said today in her first public speech in the role.’

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Law Society’s Gazette, 23rd September 2015

Source: www.lawgazette.co.uk

No human rights in EEA appeals says Upper Tribunal – Free Movement

Posted September 22nd, 2015 in appeals, EC law, human rights, immigration, news, tribunals by sally

‘The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal.’

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Free Movement, 21st September 2015

Source: www.freemovement.org.uk

Tax tribunal charges would deter the poorest from getting justice, lawyers warn – The Independent

Posted September 18th, 2015 in appeals, fees, news, taxation, tribunals by sally

‘Plans to impose court fees on anyone opposing the tax office at tribunal would deter the poorest from getting justice, leading lawyers say – amid a growing outcry against an array of Government-imposed court charges.’

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The Independent, 17th September 2015

Source: www.independent.co.uk

R (Derry) v Revenue and Customs Comrs – WLR Daily

Posted September 16th, 2015 in HM Revenue & Customs, income tax, judicial review, law reports, taxation, tribunals by sally

R (Derry) v Revenue and Customs Comrs: [2015] UKUT 0416 (TCC); [2015] WLR (D) 379

‘Sections 132 and 133 of the Income Tax Act 2007 were consistent with paragraph 2 of Schedule 1B to the Taxes Management Act 1970 and the two sets of provisions could operate in conjunction.’

WLR Daily, 28th July 2015

Source: www.iclr.co.uk

Law Society in England calls for ‘radical’ employment tribunal reform – OUT-LAW.com

Posted September 15th, 2015 in appeals, arbitration, dispute resolution, employment tribunals, Law Society, news, reports, tribunals by sally

‘The UK employment tribunal system is in need of “radical” restructuring if it is to work fairly and efficiently for employees, employers and the broader administration of justice, according to the Law Society of England and Wales.’

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OUT-LAW.com, 14th September 2015

Source: www.out-law.com

Liability of magistrates, coroners and quasi-judicial bodies for costs – Park Square Barristers

Posted September 4th, 2015 in commons, coroners, costs, land registration, magistrates, news, tribunals by sally

‘“Litigation is a hazardous and expensive business.”

Thus began the skeleton argument of my opponent in the Paddico case which I refer to below. He was (and remains) a leading counsel with a high reputation in the field of property work and he was, of course, correct.’

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Park Square Barristers, 11th August 2015

Source: www.parksquarebarristers.co.uk

No need to scour internet when assessing whether personal data is sensitive, UK tribunal rules – OUT-LAW.com

Posted September 2nd, 2015 in anonymity, codes of practice, data protection, disclosure, freedom of information, internet, news, privacy, public interest, tribunals by sally

‘Businesses are not expected to scour the internet and other sources to check whether there is any information that, when linked with personal data they hold, would mean the data they hold is in fact sensitive personal data, according to a new UK ruling.’

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OUT-LAW.com, 1st September 2015

Source: www.out-law.com