Category: tribunals

New term, new approach to social care costs in SEN appeals – Education Law Blog

Posted September 2nd, 2013 in budgets, education, local government, news, special educational needs, tribunals by sally

“We’re back to school with a bang with the decision of the Upper Tribunal in WH v Warrington BC [2013] UKUT 0391 (AAC) where Judge Williams declined to follow O v Lewisham [2007] EWHC 2130 (Admin) and instead held that the only relevant “public expenditure” for the purposes of section 9 of the Education Act 1996 is that which comes out of the local authority’s education budget.”

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Education Law Blog, 1st September 2013

Source: www.education11kbw.com

Exclusive: UN ruling puts future of UK wind farms in jeopardy – The Independent

Posted August 29th, 2013 in consultations, energy, environmental protection, health, international law, news, planning, tribunals, United Nations by sally

“Plans for future wind farms in Britain could be in jeopardy after a United Nations legal tribunal ruled that the UK Government acted illegally by denying the public decision-making powers over their approval and the ‘necessary information’ over their benefits or adverse effects.”

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The Independent, 27th August 2013

Source: www.independent.co.uk

ICO wrong to impose £250k fine on council for data breach, tribunal rules – Local Government Lawyer

Posted August 23rd, 2013 in appeals, data protection, fines, local government, news, tribunals, waste by sally

“The Information Commissioner’s Office should not have imposed a £250,000 fine on Scottish Borders Council for a data breach, the First-tier Tribunal (FTT) has ruled.”

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Local Government Lawyer, 22nd August 2013

Source: www.localgovernmentlawyer.co.uk

“Back to the Future” – The Retrospective Variation of Leases of Flats under the Landlord and Tenant Act 1987 – Tanfield Chambers

Posted August 6th, 2013 in landlord & tenant, leases, news, service charges, tribunals by sally

“Sometimes the draftsman gets it wrong. Sometimes his only mistake is to fail to predict the future. Either way a landlord can face a serious shortfall if the combined percentages of service charges payable under the leases for the block do not add up to 100%. While at first blush, the landlord’s shortfall is the tenants’ windfall, defective leases can seem a much less attractive prospect if the result is that the landlord is reluctant to provide services.”

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Tanfield Chambers, 27th July 2013

Source: www.tanfieldchambers.co.uk

Hobbs v Financial Conduct Authority (formerly Financial Services Authority) – WLR Daily

Posted August 2nd, 2013 in appeals, financial regulation, law reports, notification, trials, tribunals by sally

Hobbs v Financial Conduct Authority (formerly Financial Services Authority) [2013] EWCA Civ 918; [2013] WLR (D) 328

“A decision by the Financial Services Authority to take no further action against the addressee of a warning notice or decision notice did not become irrevocable or take effect as a discontinuance of proceedings unless it had been communicated to that individual by a notice in accordance with section 389 of the Financial Services and Markets Act 2000.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Sud v Ealing London Borough Council – WLR Daily

Posted August 1st, 2013 in appeals, costs, disability discrimination, employment tribunals, law reports, local government, tribunals by sally

Sud v Ealing London Borough Council [2013] EWCA Civ 949; [2013] WLR (D) 320

“Although an award of costs against a paying party in the employment tribunal was an exceptional event, the tribunal should focus principally on the criteria established in rule 40 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. Where the tribunal concluded that the party’s conduct of the proceedings had been unreasonable it was necessary for the court to identify the particular unreasonable conduct, along with its effect. That was not a process that entailed a detailed or minute assessment, but instead the court should adopt a broad brush approach, against the background of the totality of the relevant circumstances.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Court of Appeal overturns tax tribunals’ findings in favour of SDLT avoidance scheme – OUT-LAW.com

Posted July 31st, 2013 in appeals, leases, news, partnerships, sale of land, stamp duty, tax avoidance, tribunals by sally

“The Court of Appeal has ruled against a stamp duty land tax (SDLT) avoidance scheme involving the interaction of the sub-sale and partnership rules, overturning earlier decisions by the First Tier and Upper Tax Tribunals.”

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OUT-LAW.com, 30th July 2013

Source: www.out-law.com

Woman jailed for child cruelty overturns deportation bid – Daily Telegraph

Posted July 31st, 2013 in appeals, child cruelty, deportation, EC law, news, tribunals by sally

“A German woman who was jailed for locking up her three children in squalid conditions has won a legal challenge against the Home Office’s bid to deport her, The Telegraph can disclose.”

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Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

Regina (Modaresi) v Secretary of State for Health and others – WLR Daily

Posted July 30th, 2013 in appeals, detention, human rights, law reports, mental health, ministers' powers and duties, Supreme Court, tribunals by sally

Regina (Modaresi) v Secretary of State for Health and others [2013] UKSC 53; [2013] WLR (D) 309

“The Secretary of State for Health had not acted unlawfully in refusing to exercise his statutory discretion to refer the case of a detained patient to a mental health review tribunal for review in circumstances where the patient had a right to make an application to the tribunal herself.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Water, water everywhere… – NearlyLegal

Posted July 30th, 2013 in appeals, burden of proof, news, service charges, tribunals, valuation, water companies by sally

“There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC).”

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NearlyLegal, 29th July 2013

Source: www.nearlylegal.co.uk

UK court ducks position on circumcision – UK Human Rights Blog

Posted July 22nd, 2013 in appeals, children, custody, families, human rights, Islam, news, religious discrimination, tribunals by sally

“This case concerns a hitherto little-explored aspect of the right to a private and family life: a parent’s opportunity to teach their offspring about their own religious faith.”

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UK Human Rights Blog, 20th July 2013

Source: www.ukhumanrightsblog.com

New Era or Plus Ça Change – Littleton Chambers

Posted July 19th, 2013 in consultations, news, regulations, tribunals by sally

“Following the long process of consideration and consultation, the new tribunal rules take effect from 29th July 2013. David Reade QC examines the new Tribunal and Fees regime in a paper entitled ‘NEW ERA OR PLUS ÇA CHANGE’ that he delivered at the ELA this month.”

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Littleton Chambers, 15th July 2013

Source: www.littletonchambers.com

High Court gets teeth into BSB disciplinary problems – Legal Futures

Posted July 19th, 2013 in barristers, disciplinary procedures, inns of court, judicial review, news, tribunals by sally

“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.”

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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.”

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OUT-LAW.com, 16th July 2013

Source: www.out-law.com

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

Posted July 12th, 2013 in costs, education, judicial review, local government, news, special educational needs, tribunals by tracey

“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.”

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Education Law Blog, 9th July 2013

Source: www.education11kbw.com

Two Upper Tribunal decisions – Panopticon

Posted July 5th, 2013 in appeals, disclosure, freedom of information, news, public interest, reasons, tribunals by tracey

“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.”

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Panopticon, 2nd July 2013

Source: www.panopticonblog.com

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

Posted July 5th, 2013 in appeals, deportation, human rights, immigration, news, proportionality, public order, tribunals by tracey

“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.”

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Daily Telegraph, 5th July 2013

Source: www.telegraph.co.uk

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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.”

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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

Posted July 2nd, 2013 in appeals, company law, competition, foreign companies, foreign jurisdictions, news, tribunals by sally

“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.”

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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.”

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The Guardian, 28th June 2013

Source: www.guardian.co.uk