High Court gets teeth into BSB disciplinary problems – Legal Futures

“The High Court has this week been hearing the first claim for judicial review arising from last year’s high-profile problems with the Bar Standards Board’s (BSB) tribunals which, if successful, would throw the barristers’ disciplinary regime into disarray.”

Full story

Legal Futures, 18th July 2013

Source: www.legalfutures.co.uk

Tax tribunal ruling against SDLT avoidance scheme could ensure payment of £135m tax, says HMRC – OUT-LAW.com

Posted July 17th, 2013 in bills, HM Revenue & Customs, news, stamp duty, tax avoidance, tribunals by sally

“A tax tribunal has ruled against a stamp duty land tax (SDLT) avoidance scheme, under which a property developer used a sub-sale and alternative finance scheme to try to avoid paying the tax on the purchase of the Chelsea Barracks in London.”

Full story

OUT-LAW.com, 16th July 2013

Source: www.out-law.com

Judicial review of FTT in UT: what costs rule applies? – Education Law Blog

“In R (LR) v FTT [2013] UKUT 0294 (AAC) the parents and local authority had settled an appeal against a statement of special educational needs and entered into a consent order. The local authority subsequently sought to re-open the tribunal’s approval of that order and, following a review, the FTT set it aside.”

Full story

Education Law Blog, 9th July 2013

Source: www.education11kbw.com

Two Upper Tribunal decisions – Panopticon

“The Upper Tribunal has handed down two decisions on Iraq and section 27 FOIA, which raise some interesting procedural points – FCO v Information Commissioner and Plowden GIA/2474/2012 and Cabinet Office and Information Commissioner v Muttitt GIA/0957/2012.”

Full story

Panopticon, 2nd July 2013

Source: www.panopticonblog.com

The foreign rioter we cannot deport because of his ‘right to family life’ – Daily Telegraph

“Lawyers for Derrick Kinsasi successfully argued that sending him back to the Democratic Republic of Congo (DRC) would breach his ‘right to family life’ under Labour’s Human Rights Act, even though he is unmarried and has no children.”

Full story

Daily Telegraph, 5th July 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Property tribunals combine in new first-tier chamber – Law Society’s Gazette

Posted July 2nd, 2013 in agricultural holdings, landlord & tenant, leases, news, rent, tribunals by sally

“A new consolidated property tribunal came into existence today with a single set of procedural rules aimed at simplifying the process.”

Full story

Law Society’s Gazette, 1st July 2013

Source: www.lawgazette.co.uk

The Competition Commission’s power to block transactions outside the UK – Competition Bulletin from Blackstone Chambers

“The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (‘CC’) to block transactions between companies outside of the UK. However, neither party to the appeal will be entirely happy with the Competition Appeal Tribunal’s (‘CAT’) legal analysis. There must therefore be a chance that – in a future case even if not in this one – the decision will be subject to attacks from both directions.”

Full story

Competition Bulletin from Blackstone Chambers, 1st July 2013

Source: www.competitionbulletin.com

Ian Brady should stay in psychiatric hospital, tribunal rules – The Guardian

Posted June 28th, 2013 in imprisonment, mental health, news, prisons, tribunals by tracey

“The Moors murderer Ian Brady should stay in psychiatric hospital, a mental health tribunal has ruled. The judge-led panel decided Brady was still sufficiently mentally ill to continue holding him at Ashworth secure mental hospital in Merseyside, where he has been since 1985.”

Full story

The Guardian, 28th June 2013

Source: www.guardian.co.uk

Proposals to speed up police disciplinary system announced – Home Office

Posted June 28th, 2013 in appeals, complaints, consultations, delay, police, press releases, tribunals by tracey

“Government is to consult on improving police misconduct procedures, Policing Minister Damian Green announced on Tuesday.”

Full press release

Home Office, 25th June 2013

Source: www.gov.uk/home-office

Ian Brady: Witnessing the tribunal evidence – BBC News

Posted June 26th, 2013 in imprisonment, mental health, news, tribunals by sally

“Moors Murderer Ian Brady spoke publicly for the first time in 47 years as he appeared before a mental health tribunal at Ashworth Hospital.”

Full story

BBC News, 25th June 2013

Source: www.bbc.co.uk

Senior RAF nurse wins damages in sexual discrimination case – The Guardian

“The highest-ranking nurse in the Royal Air Force has won damages after bringing a sexual discrimination case against the Ministry of Defence.”

Full story

The Guardian, 25th June 2013

Source: www.guardian.co.uk

Privatising the courts: if anyone needs advice, it’s the judiciary – The Guardian

Posted June 25th, 2013 in constitutional reform, contracting out, courts, judiciary, news, tribunals by sally

“The judges have nothing to gain and everything to lose by negotiating with Chris Grayling in private.”

Full story

The Guardian, 25th June 2013

Source: www.guardian.co.uk

Trustees of the Lehman Brothers Pension Scheme and another v LB Re Financing No Ltd and another – WLR Daily

Posted June 25th, 2013 in appeals, law reports, pensions, time limits, tribunals, trusts by sally

Trustees of the Lehman Brothers Pension Scheme and another v LB Re Financing No Ltd and another [2013] EWCA Civ 751; [2013] WLR (D) 248

“When the Pensions Regulator, acting by the determinations panel, made a determination about a financial support direction in relation to a pension scheme, the trustees of that scheme, by virtue of their office, were persons “directly affected” by that determination for the purposes of section 96(3) of the Pensions Act 2004, and accordingly had standing as of right to refer that determination to the Upper Tribunal under that provision. Further, where any person referred such a determination of the Regulator to the Upper Tribunal under section 96(3) of the Act, the two-year time limit in section 43(9), which, prior to amendment by the Pensions Act 2011, required the Regulator to issue a financial support direction within two years of the time which he selected for determining whether the preconditions in section 43(2) for the issue of a direction had been fulfilled, did not apply to any directions which the Upper Tribunal might give regarding a financial support direction under section 103(5) and (6), or to any order made on appeal from those directions.”

WLR Daily, 21st June 2013

Source: www.iclr.co.uk

UNISON applies for judicial review of employment tribunal fees – OUT-LAW.com

Posted June 25th, 2013 in employment tribunals, judicial review, news, trade unions, tribunals, women by sally

“UNISON has applied to the High Court for a judicial review of the Ministry of Justice’s decision to introduce employment tribunal fees from the end of next month, it has announced.”

Full story

OUT-LAW.com, 25th June 2013

Source: www.out-law.com

Lord chief justice warns Chris Grayling on courts privatisation plans – The Guardian

Posted June 25th, 2013 in constitutional reform, contracting out, courts, judges, judiciary, news, tribunals by sally

“The justice secretary, Chris Grayling, has been warned by the lord chief justice, Lord Judge, not to undermine the independence of the judiciary through plans to privatise parts of the court service or make it self-financing.”

Full story

The Guardian, 24th June 2013

Source: www.guardian.co.uk

Judicial Review almost never possible where there is a statutory right of appeal – UK Human Rights Blog

Posted June 21st, 2013 in appeals, financial regulation, judicial review, news, reasons, tribunals by tracey

“(on the application of Christopher Wilford) v The Financial Services Authority [2013] EWCA Civ 677. This Court of Appeal judgment further reduces the scope for judicial review of a Decision Notice issued by the Financial Services Authority (‘the FSA’, now the Financial Conduct Authority). Indeed it comes close to excluding judicial review of these Notices. This is because there is a statutory mechanism for challenging Decision Notices. This case sheds light on the very limited role of judicial review where there is such a statutory right.”

Full story

UK Human Rights Blog, 21st June 2013

Source: www.ukhumanrightsblog.com

Judges to explain benefit assessment decisions – BBC News

Posted June 21st, 2013 in appeals, benefits, disabled persons, judiciary, news, social services, tribunals by tracey

“Judges in England and Scotland are being asked to explain why they believe someone is unfit to work, in a move ministers hope will improve the decision-making process on benefits.”

Full story

BBC News, 21st June 2013

Source: www.bbc.co.uk

UK government proposes “streamlining” regulatory and competition appeals – Competition Bulletin from Blackstone Chambers

Posted June 20th, 2013 in appeals, competition, consultations, courts, news, tribunals by sally

“The UK government on Wednesday published a consultation on streamlining regulatory and competition appeals. The press spin was that the proposals are all about preventing ‘armies of lawyers’ from blocking consumer-friendly measures. In reality, although it is true that the proposals are designed in part to put a lid on litigation, the consultation contains a series of thoughtful suggestions – many of which are likely to attract widespread support.”

Full story

Competition Bulletin from Blackstone Chambers, 20th June 2013

Source: www.competitionbulletin.com

The test to be applied for ordering deposits Spring v First Capital East Ltd – No. 5 Chambers

Posted June 18th, 2013 in costs, deposits, news, payment into court, tribunals by sally

“Although usually sought by employers, either party may apply to a tribunal for an order that the other party pay a deposit as a condition of continuing to argue a particular matter if the tribunal is satisfied that the contentions put forward by that party have ‘little reasonable prospects of success’: Rule 20(1) of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.”

Full story

No. 5 Chambers, 6th June 2013

Source: www.no5.com

Moors murderer Ian Brady appears in public at ‘right-to-die’ hearing – The Guardian

Posted June 18th, 2013 in assisted suicide, mental health, news, prisons, tribunals by sally

“Moors murderer Ian Brady began a legal attempt to prove that he is sane in the hope that he will be discharged from the secure psychiatric hospital where he is incarcerated and sent to a high security jail so he can starve himself to death.”

Full story

The Guardian, 17th June 2013

Source: www.guardian.co.uk