“A consultation published today sets out proposals for fee remissions (waivers) for courts and tribunals which are better targeted, fairer for the taxpayer and easy for users to understand.”
Ministry of Justice, 18th April 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“Supreme court’s backing of initial tribunal reaffirms principle that suicidal people may not realise full effects of their actions.”
The Guardian, 18th April 2013
Source: www.guardian.co.uk
“This consultation paper sets our proposals for reform of the fee remissions system, which ensures that access to justice is maintained for those individuals on lower incomes who would otherwise have difficultly paying a fee to use court or tribunal services.”
Ministry of Justice, 18th April 2013
Source: www.justice.gov.uk
Supreme Court, 17th April 2013
A scheme to avoid stamp duty land tax (SDLT) on the purchase of a London house, involving a novation of a contract, failed because SDLT sub-sale relief was only available where there was a transfer of rights and a novation was not a transfer of rights, according to a decision of the First Tier Tax Tribunal.
OUT-LAW.com, 10th April 2013
Source: www.out-law.com
“Have you ever read Oscar Wilde? Do you use sex toys? Why have you not attended a Pride march? These are just some of the questions that have been asked of lesbian asylum seekers in what one academic says shows shocking levels of ignorance and prejudice among tribunal judges.”
The Independent, 4th April 2013
Source: www.independent.co.uk
“The Competition Appeal Tribunal today delivered that rarest of beasts: a judgment awarding damages in a follow-on claim. After its decade-long fight, Albion Water has been awarded around £2 million for Dŵr Cymru’s abuse of dominant position in relation to the price it was prepared to charge Albion for the use of its water pipes.”
Competition Bulletin from Blackstone Chambers, 28th March 2013
Source: www.competitionbulletin.com
“UK courts have ruled against sending Abu Qatada to Jordan, but now he might be charged for allegedly breaching bail conditions.”
The Guardian, 27th March 2013
Source: www.guardian.co.uk
“In Kirklees Council v IC & Pali Ltd [2011] UKUT 104 (AAC) the Upper Tribunal held, in the context of property search information, that reg 8(2) EIR precluded an authority from charging for allowing applicants to inspect information in situ and that a charge was only permissible if copy documents were provided to the applicant or the information was accessed other than by means of in situ inspection. The First-tier Tribunal has revisited the application of the charging rule in reg 8 EIR, again in the context of property search information, in Leeds City Council v IC & APPS Claimants (EA/2012/0020-21) (judgment of 22 March 2013).”
Panopticon, 23rd March 2013
Source: www.panopticonblog.com
“Employment tribunals are to become the ‘last resort, not the first port of call’ after the government’s announcement today that it has accepted proposals in a fundamental review of procedure for tribunals.”
Law Society’s Gazette, 14th March 2013
Source: www.lawgazette.co.uk
“In his recent blog ‘Down the rabbit hole,’ Tom Richards described the ‘quasi judicial review within an appeal’ contained in s.193(7) Communications Act 2003 as something of a Wonderland.”
Competition Bulletin from Blackstone Chambers, 11th March 2013
Source: www.competitionbulletin.com
“When carrying out the hypothetical valuation of a property with development potential, pursuant to paragraph 3 of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993, the Upper Tribunal ought to have decided the legal position in respect of the legal rights and liabilities arising under various leases, rather than allow for uncertainty on those legal points, insofar as leaving them undetermined, by a discount for the risk.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
“An Iraqi doctor has been accused of committing crimes against humanity as part of Saddam Hussein’s regime, a medical tribunal has heard.”
BBC News, 26th February 2013
Source: www.bbc.co.uk
“VAT incurred by a holding company on a takeover was not recoverable, according to a recent Court of Appeal decision in a case concerning UK airport operator BAA.”
OUT-LAW.com, 22nd February 2013
Source: www.out-law.com
“Since our post on Barons Finance Limited, we’ve heard various things about the property and landlord related activities of Barons Finance and assorted other companies under the control of Dharam Prakash Gopee. As it appears that Mr Gopee has on at least one occasion continued to pursue proceedings (including appearing in the appeal permission in the last post) for Barons Finance Limited, despite the company having been wound up and a liquidator having been appointed by the Court, we hope this post might be of use for people acting for Defendants in possession proceedings, duty scheme advisers and hopefully members of the judiciary who are unaware of the relevant court decisions and orders.”
NearlyLegal, 17th February 2013
Source: www.nearlylegal.co.uk
“Whether a freedom of information (FOI) request is ‘vexatious’ or not will depend on the burden of meeting the request; the motive of requesters; the value or serious purpose of requests, and any harassment or distress caused, an Information Rights Tribunal has said.”
OUT-LAW.com, 13th February 2013
Source: www.out-law.com
Foulser v Her Majesty’s Revenue and Customs [2013] UKUT 038 (TCC); [2013] WLR (D) 51
“The First-tier Tribunal had jurisdiction to deal with an allegation that a fair hearing of a tax appeal before it had been made impossible, but any contention that a party had acted unlawfully in public law had to be put forward by way of an application for judicial review in the High Court or the Upper Tribunal. In a case where the FTT considered that a debarring order was justified and no lesser order would meet the justice of the case but yet, the facts of the case did not come within Rules 7 and 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the FTT could produce the desired just result by using its power under Rule 5 to ‘regulate its procedure’, particularly to deal with the case fairly and justly.”
WLR Daily, 25th January 2013
Source: www.iclr.co.uk
“An intimate sexual relationship instigated by an undercover police officer with a member of the public for the purposes of obtaining information fell within the scope of ‘personal or other relationship with a person’ for the purposes of section 26(8) of the Regulation of Investigatory Powers Act 2000 so that, by section 65, the Investigatory Powers Tribunal had exclusive jurisdiction to hear a claim brought against the police under the Human Rights Act 1998.”
WLR Daily, 18th January 2013
Source: www.iclr.co.uk
“A woman who killed her mother was freed under a secret fast-track process and went on to murder a stranger in the street.”
Daily Telegraph, 8th February 2013
Source: www.telegraph.co.uk
“A person’s name constitutes his or her personal data – so has held the Upper Tribunal recently in Information Commissioner v Financial Services Authority & Edem [2012] UKUT 464 (AAC).”
Panopticon, 7th February 2013
Source: www.panopticonblog.com
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