‘Two people with mental health problems can continue their challenge against government tests for sickness benefit, the Court of Appeal has ruled.’
BBC News, 4th December 2013
Source: www.bbc.co.uk
‘The former legal manager of the Times newspaper is to appear before a tribunal this week over an allegation that he allowed a court to be misled over the unmasking of a detective writing the anonymous Nightjack blog.’
The Guardian, 2nd December 2013
Source: www.guardian.co.uk
‘The chef’s lawyers are battling to convince judges the word is inherently offensive to black people and almost always discriminatory – no matter in what context it is used.’
Daily Telegraph, 2nd December 2013
Source: www.telegraph.co.uk
‘An individual who periodically visited the UK was not UK resident as he had substantially loosened his family ties in the UK, according to the First Tier Tax Tribunal.’
OUT-LAW.com, 27th November 2013
Source: www.out-law.com
‘A new ruling issued by an Information Rights Tribunal should not deter businesses from owning up to data breaches, an expert has said.’
OUT-LAW.com, 26th November 2013
Source: www.out-law.com
‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’
WLR Daily, 20th November 2013
Source: www.iclr.co.uk
‘The Upper Tribunal has finally handed down its judgment in All Party Parliamentary Group on Extraordinary Rendition v IC & Foreign and Commonwealth Office [2013] UKUT 560 (AAC). It is a judgment of Charles and Burnett JJ and Judge Wikeley. The appeal was from an FTT judgment which is analysed in detail by Rachel Kamm here. That post also contains the background to the case. In essence, the request was made by the APPGER for information relating to the participation of the UK in the practice of extraordinary rendition.’
Panopticon, 22nd November 2013
Source: www.panopticonblog.com
‘Upper Tribunal has just issued judgment in Central London Community Healthcare NHS Trust v Information Commissioner [2013] UKUT 0551. This significant decision is the first time the Upper Tribunal has considered an appeal against a monetary penalty notice (“MPN”), issued by the Commissioner under section 55A Data Protection Act 1998 (“DPA”).’
Panopticon, 21st November 2013
Source: www.panopticonblog.com
Supreme Court, 20th November 2013
Aspinalls Club Ltd v Revenue and Customs Comrs 2013 EWCA Civ 1464; [2013] WLR (D) 441
“For the purposes of section 11 of the Finance Act 1997, when calculating the ‘gross gaming yield’ from gaming taking place on a gaming club’s premises, commissions and rebates paid and allowed by the gambling club to its customers under incentive schemes there were not to be taken into account as reducing the amount of ‘banker’s profits’ from dutiable gaming.”
WLR Daily, 15th November 2013
Source: www.iclr.co.uk
“The career-ending 12 year ban imposed on World No.8 snooker player Stephen Lee in September this year shook the snooker world. But the Decision of the sports disciplinary tribunal holds an important lesson for the fight against sport-fixing more generally.”
Sports Law Bulletin from Blackstone Chambers, 18th November 2013
Source: www.sportslawbulletin.org
“The absolute exemption at section 41 extends to information obtained by the public authority the disclosure of which would give to an actionable breach of confidence. Does the obligation of confidence survive the death of the confider? If so, would a breach of that obligation be actionable, even if it is not clear exactly who could bring such an action? These issues arise most notably in the context of medical records. The Upper Tribunal has had something to say on this in two recent decisions.”
Panopticon, 14th November 2013
Source: www.panopticonblog.com
W H Newson Holding Ltd and others v IMI plc and others [2013] EWCA Civ 1377: [2013] WLR (D) 432
“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
“Racing pundit John McCririck lost his job at Channel 4 because his ‘pantomime persona’ was ‘unpalatable’ to a wide audience, an employment tribunal ruled.”
BBC News, 13th November 2013
Source: www.bbc.co.uk
“As with all the best headlines, this one is slightly misleading. Readers can scarcely fail to have noticed the coverage surrounding the major ongoing case regarding a former undercover (under-the-covers?) police officer, Mark Kennedy, who (together with others) infiltrated political and environmental activists over a period of years. Claims were commenced in the High Court, with part of the conduct complained of involving ensuing sexual relations between activists/their partners and undercover officers.”
Panopticon, 8th November 2013
Source: www.panopticonblog.com
“An intimate sexual relationship instigated by an undercover police officer with a member of the public to obtain information was included in the phrase ‘personal or other relationship’ in section 26(8)(a) of the Regulation of Investigatory Powers Act 2000, and as such was conduct of the type which could be authorised under section 27 of the Act. Human rights claims arising out of such conduct carried out in ‘challengeable circumstances’ came within the exclusive jurisdiction of the Investigatory Powers Tribunal under section 65 of the 2000 Act. Claims in tort arising out of substantially the same facts could proceed in the High Court.”
WLR Daily, 5th November 2013
Source: www.iclr.co.uk
Sannie and another v Secretary of State for the Home Department [2013] WLR (D) 419
“A European Economic Area residence card did not exist in perpetuity once granted and the Secretary of State for the Home Department could revoke a residence card if a lack of entitlement was established.”
WLR Daily, 30th October 2013
Source: www.iclr.co.uk
“Law in Action speaks exclusively to Mr Justice Burton, president of the Investigatory Powers Tribunal – a judicial body, independent of the government, which considers complaints brought against the intelligence services, the police, military and local authorities. It specifically investigates whether surveillance has been conducted in a lawful manner.”
BBC Law in Action, 5th November 2013
Source: www.bbc.co.uk
“One of proposals in the Ministry of Justice’s paper on Judicial Review: Proposals for Further Reform is the creation of a new specialist planning chamber as part of the Upper Tribunal. While planning tends to be thought of as a niche area of public law (and a technically dense one at that) the way in which the paper frames discussion should give public lawyers pause for thought. This is particularly when planning judicial reviews have often been cited by government representatives as examples of why reform is needed to judicial review. The Further Reforms paper is no exception – the only two ‘case studies’ (albeit no case names) given in the paper are of judicial review of planning decisions (p 5 and 6).”
UK Constitutional Law Group, 1st November 2013
Source: www.ukconstitutionallaw.org
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