RROs, company directors and reasonable excuses – Nearly Legal
‘A couple of Upper Tribunal appeal decisions on rent repayment order cases.’
Nearly Legal, 23rd January 2022
Source: nearlylegal.co.uk
Category: tribunals
Practice Statement: Appointment of Managers under Section 24 of the Landlord and Tenant Act 1987 – Courts and Tribunals Judiciary
‘The purpose of the statement is to give leaseholders, prospective Managers, and landlords, an indication of the Tribunal’s expectations of a proposed Manager when deciding whether to make an order under section 24 of the Landlord and Tenant Act 1987.’
Courts and Tribunals Judiciary , 11th January 2022
Source: www.judiciary.uk
Leasehold assortment – Nearly Legal
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
Representative claimants generally entitled to CPO costs, tribunal rules – Law Society’s Gazette
‘Representative claimants in collective actions are generally entitled to recover the costs of obtaining a collective proceedings order (CPO), the Competition Appeal Tribunal has ruled. It ordered three train operators accused of overcharging passengers to make a £780,000 interim payment on account.’
Law Society's Gazette, 13th December 2021
Source: www.lawgazette.co.uk
Court of Appeal on time of demands and legal costs in service charges – Nearly Legal
‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’
Nearly Legal, 30th November 2021
Source: nearlylegal.co.uk
Tribunal to decide on motorist class action lawsuit against shipping cartel – The Independent
‘Motorists who bought a new car between 2005 and 2015 will find out whether they should be able to automatically receive a payout from five of the world’s biggest shipping companies in a £150 million legal case. A three-day hearing at the Competition Appeal Tribunal in London begins on Monday, to decide whether a collective proceedings order (CPO) can be launched on behalf of UK consumers and businesses, which would see payouts on about 17 million vehicles.’
The Independent, 29th November 2021
Source: www.independent.co.uk
SEND Tribunal case law review – Local Government Lawyer
‘Jamie Jenkins looks at the lessons to be learned from the latest judgments from the SEND Tribunal.’
Local Government Lawyer, 5th November 2021
Source: www.localgovernmentlawyer.co.uk
George Peretz QC: The Subsidy Control Bill: Part I – A new public law regime – UK Constitutional Law Association
‘The Subsidy Control Bill, now going through the House of Commons, creates the domestic replacement for the EU State aid regime. So it might be regarded as legislation of interest only to those who reside in the land of competition law: a distant land of which State aid law is a particularly exotic and remote peninsula. Any such view would, however, be profoundly wrong. On the contrary, the Bill sets up a new type of public litigation, covering a very wide range of public authority decisions, that should be of considerable interest to public lawyers and its application to legislation will be of interest to constitutional lawyers as well.’
UK Constitutional Law Association, 28th October 2021
Source: ukconstitutionallaw.org
Upper Tribunal decides modified Paposhvili test applies to mental illness/risk of suicide cases – EIN Blog
‘In MY (Suicide risk after Paposhvili) Occupied Palestinian Authority [2021] UKUT 232 (IAC) (23 August 2021), the Upper Tribunal made it clear from the outset that the appellant’s appeal was allowed on Article 3 health grounds, which was the determinative issue in the appeal.’
EIN Blog, 15th October 2021
Source: www.ein.org.uk
Courts and tribunals to upgrade video technology, Burnett says – Legal Futures
‘A new Video Hearings Service (VHS), upgrading the Cloud Video Platform (CVP) used during Covid, is to be rolled out across courts and tribunals, the Lord Chief Justice has revealed.’
Legal Futures, 11th October 2021
Source: www.legalfutures.co.uk
The public law jurisdiction of the UK First-tier Tribunal in VAT cases – OUT-LAW.com
‘The UK’s First-tier tax Tribunal (FTT) has no general jurisdiction to judicially review decisions made by HM Revenue & Customs (HMRC), but it can consider public law arguments in some VAT appeals within its jurisdiction, the Upper Tribunal (UT) has said.’
OUT-LAW.com, 5th October 2021
Source: www.pinsentmasons.com
Seven out of 10 win benefits challenges at tribunal – BBC News
‘Seven out of ten people who appealed in court against a decision to deny them disability benefits were successful, analysis shows.’
BBC News, 24th September 2021
Source: www.bbc.co.uk
First-Tier Tribunal SEN proceedings not unfair despite difficulties faced by hearing impaired mother, judge rules – Local Government Lawyer
‘A First-Tier Tribunal (Health, Education and Social Care Chamber) case was not conducted unfairly despite an appellant and a witness having difficulty in hearing the online proceedings, the Upper Tribunal Administrative Appeals Chamber has decided.’
Local Government Lawyer, 23rd September 2021
Source: www.localgovernmentlawyer.co.uk
Tribunal fines solicitor convicted of dangerous driving – Legal Futures
‘A solicitor who received a suspended prison sentence for dangerous driving after hitting a telegraph pole as well as multiple parked cars has been fined by the Solicitors Disciplinary Tribunal (SDT).’
Legal Futures, 21st September 2021
Source: www.legalfutures.co.uk
First Tier Tribunal wrongly struck out landlord penalty appeal after solicitor failed to pay hearing fee, Upper Tribunal rules – Local Government Lawyer
‘A private landlord will have her appeal of a £7,000 penalty for failure to license a house in multiple occupation (HMO) decided by a different judge after it was initially refused by the First Tier Tribunal (FTT) because her solicitor failed to pay the hearing fee on time, the Upper Tribunal has ruled.’
Local Government Lawyer, 7th September 2021
Source: www.localgovernmentlawyer.co.uk
Who manages the managers? – Tribunal appointed manager behaving badly – Nearly Legal
‘A cautionary tale of a Tribunal appointed manager behaving badly and a reminder that the appointed manager’s duty is to carry out what is in the order appointing them, and that they answer to the Tribunal as an officer of the Tribunal.’
Nearly Legal, 30th August 2021
Source: nearlylegal.co.uk
Tribunal finally grants first ever collective proceedings order – Legal Futures
‘The Competition Appeal Tribunal (CAT) yesterday approved the first collective proceedings order (CPO), allowing the £14bn Mastercard opt-out class action to go forward at last.’
Legal Futures, 19th August 2021
Source: www.legalfutures.co.uk
Third party tax information notices taxpayers have no right to attend hearing – OUT-LAW
‘The tax tribunal has no power to direct that an application by HM Revenue & Customs (HMRC) for a third party information notice be held “inter partes”, that is with the taxpayer or the third party present, the Court of Appeal has confirmed.’
OUT-LAW.com, 10th August 2021
Source: www.pinsentmasons.com
