‘The Crown Prosecution Service has been told it must reveal details about its decision not to prosecute the former Rochdale MP Cyril Smith for alleged offences against children.’
BBC News, 9th June 2014
Source: www.bbc.co.uk
‘Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals.’
NearlyLegal, 6th June 2014
Source: www.nearlylegal.co.uk
‘A council has won an appeal to the First-Tier Tribunal over its refusal to meet a freedom of information request for the disclosure of legal advice given to a consultant conducting an investigation on the authority’s behalf.’
Local Government Lawyer, 3rd June 2014
Source: www.localgovernmentlawyer.co.uk
‘The Home Secretary, Theresa May, has been accused of acting unlawfully by forcing the removal of failed Somali asylum-seekers to Mogadishu where they fear they will be murdered by Islamic militants. In what is being seen as a test case affecting thousands of Somalis in Britain, a judge has granted an injunction at the last minute halting the removal of a 23-year-old man, identified only as Abdullah, who was due to be flown back to Mogadishu on Tuesday.’
The Independent, 3rd June 2014
Source: www.independent.co.uk
‘Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes.’
NearlyLegal, 2nd June 2014
Source: www.nearlylegal.co.uk
‘Foreign criminal jailed for causing death of 10-month-old daughter overturns Home Office deportation bid by arguing it would breach her human rights.’
Daily Telegraph, 2nd June 2014
Source: www.telegraph.co.uk
‘A tribunal conducting asylum proceedings could admit, as expert evidence, a report by an organisation based on a telephone interview with an asylum claimant in which its analysts commented on the likelihood of that person originating from his claimed place of origin, based on the person’s dialect and answers to questions about the area in question, even though the report was in the name of the organisation rather than an individual and those contributing to it were identified only by serial numbers. However it was necessary for the tribunal in each particular case to be satisfied that the anonymity was necessary, with safeguards for the claimant in place, and that the authors of the report had demonstrated that they had relevant expertise for each matter on which they had commented.’
WLR Daily, 21st May 2014
‘Fisher v Howard De Walden Estate Ltd RAP/19/2013 is that rare thing – a citeable permission to appeal decision from the UT(LC) (remembering that in Re Bradmoss [2012] UKUT 3 (LC), the UT(LC) had disapproved of reliance on permission decisions.’
NearlyLegal, 25th May 2014
Source: www.nearlylegal.co.uk
‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’
WLR Daily, 19th May 2014
Source: www.iclr.co.uk
‘Hire purchase (HP) agreements will not necessarily amount to a supply of goods for the purposes of VAT liability at the outset of the contract, the UK’s Upper Tax Tribunal has ruled.’
OUT-LAW.com, 19th May 2014
Source: www.out-law.com
‘The seriousness of the incident and subsequent “tragic death” of the mother-of-three warranted the suspension of both doctors’ licence to practise, says head of GMC.’
Daily Telegraph, 15th May 2014
Source: www.telegraph.co.uk
‘Somali man convicted of manslaughter defeats bid to remove him from Britain, despite being single man with no children.’
Daily Telegraph, 12th May 2014
Source: www.telegraph.co.uk
Regina (O Twelve Baytree Ltd) v Rent Assessment Panel: [2014] EWHC 1229 (Admin); [2014] WLR (D) 185
‘Notwithstanding that an applicant had given notice of its intention to withdraw an application under section 84(3) of the Commonhold and Leasehold Reform Act 2002 for determination of its right to manage premises, the Rent Assessment Panel retained jurisdiction and could either decide to dismiss the application or proceed to determine the application.’
WLR Daily, 16th April 2014
Source: www.iclr.co.uk
‘R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast – a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this case, I had thought it would be more interesting than it has turned out to be.’
NearlyLegal, 20th April 2014
Source: www.nearlylegal.co.uk
‘Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I’ve come across recently (transcript not publicly available; I’ve got one and am trying to persuade the Landlord and Tenant Reports to publish it). For reasons that will become clear, it has wider significance for LVT/FTT cases and although only a county court judgment, it is by HHJ Walden-Smith who is herself a judge of the UT(LC); not binding authority, I accept, but persuasive and important.’
NearlyLegal, 18th April 2014
Source: www.nearlylegal.co.uk
‘Although a tribunal adjudicating on an asylum appeal did not have power, in the absence of express statutory provision, to exclude relevant evidence in the form of records of the asylum applicant’s interviews, it was required by the common law principle of fairness to consider with care how much weight should be attached to such evidence, having regard to the circumstances in which it came into existence, and the extent to which reliance could properly be placed on the applicant’s answers.’
WLR Daily, 9th April 2014
Source: www.iclr.co.uk
Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)
Supreme Court, 9th April 2014
‘The Roald Dahl Museum and Story Centre, dedicated to celebrating the life and work of the author, has won a tax case against HM Revenue and Customs.’
The Independent, 9th April 2014
Source: www.independent.co.uk
‘The Court of Appeal yesterday delivered a judgment that should finally draw a line under one of the Office of Fair Trading’s more troublesome cases – and which will presumably bring a great sigh of relief from the Competition and Markets Authority, the body that has now taken over the OFT’s functions.’
Competition Bulletin from Blackstone Chambers, 8th April 2014
Source: www.competitionbulletin.com
‘What considerations are relevant when deciding whether a Ministerial diary should be disclosed under FOIA? The decision of the First-tier Tribunal in Department of Health v Information Commissioner EA/2013/0087 is, perhaps surprisingly, the first Tribunal decision to address this issue. The judgment engages with a number of difficult issues: the Tribunal’s approach to Government evidence, the value of cross-examination in Tribunal hearings, aggregation of public interests under FOIA, and Parliamentary privilege. Hence it is of general importance, going beyond the intrinsic interest of its specific subject matter.’
Panopticon, 18th March 2014
Source: www.panopticonblog.com
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