R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) – WLR Daily

Posted November 14th, 2012 in appeals, human rights, immigration, jurisdiction, law reports, tribunals by sally

R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) [2012] EWCA Civ 1436; [2012] WLR (D) 318

“A person may not appeal against an immigration decision from within the United Kingdom in reliance on section 92(4)(a) of the Nationality, Immigration and Asylum Act 2002 unless he made a human rights claim or an asylum claim to the Secretary of State before instituting the appeal; where the claim is made for the first time in the notice of appeal, it is open to the First-tier Tribunal itself to take the jurisdictional point.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Abu Qatada: what happens next? – Head of Legal

Posted November 13th, 2012 in appeals, deportation, immigration, news, terrorism, tribunals by sally

“Abu Qatada has won his appeal against the Home Secretary Theresa May’s refusal to revoke the fresh deportation order she issued in his case this April, following assurances she’d received from the Jordanian government about his retrial, if and when he arrives there, on terrorist offences.”

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Head of Legal, 12th November 2012

Source: www.headoflegal.com

Residential Placement: The Upper Tribunal strikes again – Education Law Blog

Posted November 12th, 2012 in local government, news, residential care, special educational needs, tribunals by sally

“Special educational needs (“SEN”) cases involving residential placements are often particularly contentious: the pupil will often have (or be alleged to have) particularly significant SENs, but the local authority will be potentially facing a very large bill for such a placement. The issue has again been considered by the Upper Tribunal in London Borough of Hammersmith and Fulham v JH [2012] UKUT 328 (AAC).”

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Education Law Blog, 12th November 2012

Source: www.education11kbw.com

Update on recent Tribunal decisions part 2: personal data of “low inherent sensitivity” – Panopticon

Posted November 9th, 2012 in data protection, disclosure, freedom of information, news, tribunals by tracey

“The ‘personal data’ provisions under s. 40(2) FOIA and regulation 13 EIR can often be very difficult to apply, particularly in light of the Durant ‘notions of assistance’, namely biographical significance and focus. It is correspondingly difficult to predict how such arguments will fare before the Tribunal. Two recent cases offer good illustrations. Both saw the Tribunal order disclosure of property-related personal data which was deemed to be of ‘low inherent sensitivity.’ ”

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Panopticon, 8th November 2012

Source: www.panopticonblog.com

Upper Tribunal confirms the legitimacy of the new immigration rules – but questions their completeness – UK Human Rights Blog

Posted November 8th, 2012 in deportation, human rights, immigration, news, tribunals by sally

“Before the new immigration rules were introduced in July, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights. In immigration decisions, there was no doubt that human rights were rooted in primary legislation: s.84(1)(c) and (g) of the Nationality, Immigration and Asylum Act 2002, the ‘2002 Act’) allows an appeal to be brought against a decision which unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights. In addition to this, there is s.33(2) of the UK Borders Act 2007 which provides, as one of the statutory exceptions to the automatic deportation regime, ‘…where removal of the foreign criminal in pursuance of a deportation order would breach (a) a person’s Convention rights’.”

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UK Human Rights Blog, 8th November 2012

Source: www.ukhumanrightsblog.com

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another – WLR Daily

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another [2012] EWCA Civ 1401; [2012] WLR (D) 303

“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

No removal of right of appeal without clear and express wording – UK Human Rights Blog

Posted November 2nd, 2012 in amendments, appeals, constitutional law, judicial review, news, taxation, tribunals, VAT by sally

“Tax litigation is not the most obvious hunting ground for human rights points but if claimants feel sufficiently pinched by what they perceive as unfair rules, there is nothing to stop them appealing to the courts’ scrutiny of the lawfulness of those rules.”

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UK Human Rights Blog, 1st November 2012

Source: www.ukhumanrightsblog.com

Drama teachers sacked over sex abuse play which made audience vomit – Daily Telegraph

Posted October 26th, 2012 in news, professional conduct, school children, teachers, tribunals, unfair dismissal by tracey

“Two drama teachers were sacked for letting GCSE students perform in a play involving depictions of rape and child abuse.”

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Daily Telegraph, 25th October 2012

Source: www.telegraph.co.uk

Prince Charles and the curious case of the Black Spider Letters – UK Human Rights Blog

“Litigation relating to information rights can sometimes seem very dry and obscure, entailing lengthy analysis of the merits of public authorities disclosing or withholding information which is highly specialised or obtuse, and of little real interest to the general population. But this case – the case of the ‘Black Spider Letters’ – really is a fascinating one, involving an examination not just of the legislative provisions relating to the disclosure of information, but also a consideration of the existence and extent of constitutional conventions pertaining to the role of the monarchy in government. At the same time, it has the potential to generate such controversy as to make for perfect tabloid fodder. It has been the subject of international news coverage. And it’s not over yet.”

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UK Human Rights Blog, 23rd October

Source: www.ukhumanrightsblog.com

Addressing the issue – Hardwicke Chambers

Posted October 18th, 2012 in landlord & tenant, leases, news, rent, tribunals by sally

“The appeal in Beitov Properties Ltd v Elliston Bentley Martin [2012] UKUT 133 (LC) highlights three issues for landlords: compliance with s47 of the Landlord & Tenant Act 1987, remedying non-compliance, and the Leasehold Valuation Tribunal’s procedure and jurisdiction.”

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Hardwicke Chambers, 12th October 2012

Source: www.hardwicke.co.uk

Board minutes of a public/private joint venture confidential and commercially sensitive – Panopticon

“Joint ventures between the public and private sectors are increasingly common. They are often a focus for vigorous political debate over issues such as the costs involved, the savings to the public purse, the profit to the private sector partner, and allegations of conflicts of interest. While those are political arguments on which Tribunals take no view, they do point to the significant public interests that are engaged when considering access to information. So said the Tribunal in David Orr v IC and Avon and Somerset Police Authority (EA/2012/0077), a recent decision notable for grappling with access to information about such a public/private joint venture.”

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Panopticon, 11th October 2012

Source: www.panopticonblog.com

Get back in your box – NearlyLegal

Posted October 8th, 2012 in landlord & tenant, leases, news, tribunals by sally

“There is, it is fair to say, a degree of inconsistency in the approach and practice of LVTs up and down the country. In particular, some LVT members seem to see it as part of their role to act as quasi-audit bodies, looking into all aspects of the landlord’s practice and procedure to see if they can uncover any wrongdoing. It’s very frustrating, both for landlords and tenants and is one of the reasons for the increasingly ‘lawyerly’ approach of landlords (e.g. instructing solicitors and counsel).”

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NearlyLegal, 6th October 2012

Source: www.nearlylegal.co.uk

Chagos Refugees Group in the First-Tier Tribunal: some key points – Panopticon

Posted September 25th, 2012 in Chagos Islands, disclosure, human rights, news, refugees, tribunals by sally

“The Chagos Archipelago forms part of the British Indian Ocean Territory (‘BIOT’). In the late 1960s and early 1970s, the inhabitants of the Chagos Islands were required to leave those islands. At or around that time, a US military base was established on Diego Garcia, the largest of the Chagos Islands. The removal of the ‘Chagossians’ has been a matter of considerable political and media debate, as well as complex legal proceedings. Two legal challenges are ongoing: Chagos Islanders v UK before the European Court of Human Rights, and Bancoult (No 3) before the domestic courts.”

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Panopticon, 24th September 2012

Source: www.panopticonblog.com

HRH the Prince of Wales: advocacy of an ordinary man – Panopticon

“The Upper Tribunal’s judgment in Evans v IC and Others (Seven Government Departments) [2012] UKUT 313 (AAC) (Mr Justice Walker, Professor John Angel and Suzanne Cosgrave), handed down yesterday, has received extensive media coverage – unsurprisingly so, given the subject matter (Prince Charles’ correspondence with government departments) and the requester (Rob Evans of the Guardian). The judgment is stupendously long (65 pages, plus 3 open annexes). Here are the salient points.”

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Panopticon, 19th September 2012

Source: www.panopticonblog.com

Prince Charles’s letters to ministers should be disclosed, judges rule – The Guardian

Posted September 18th, 2012 in disclosure, freedom of information, news, royal family, tribunals by sally

“The government has for the first time been ordered to disclose copies of confidential letters that Prince Charles wrote to ministers.”

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The Guardian, 18th September 2012

Source: www.guardian.co.uk

Flintshire paramedic not unfairly dismissed for “tapping” woman – BBC News

Posted September 13th, 2012 in armed forces, news, paramedics, professional conduct, tribunals, unfair dismissal by tracey

“A paramedic who allegedly slapped an elderly patient three times across the face was not unfairly dismissed, a tribunal has ruled.”

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BBC News, 12th September 2012

Source: www.bbc.co.uk

BSB chastised over ‘bad’ misconduct findings – Law Society’s Gazette

Posted September 7th, 2012 in barristers, disciplinary procedures, news, professional conduct, tribunals by tracey

“The first barrister to set up a legal disciplinary practice has overturned her convictions for breaching Bar Standards Board codes on conducting litigation in a public access case.”

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Law Society’s Gazette, 6th September 2012

Source: www.gazette.co.uk

Service provider fined £50,000 for misleading consumers over app charges – OUT-LAW.com

Posted September 5th, 2012 in consumer protection, news, service charges, telecommunications, tribunals by sally

“A premium rate service (PRS) provider has been fined £50,000 after the industry’s regulator ruled that it had charged mobile phone users to download a games application without adequate consent to do so.”

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OUT-LAW.com, 4th September 2012

Source: www.out-law.com

Ian Tomlinson pathologist brought profession into disrepute, tribunal finds – The Guardian

“Dr Freddy Patel acted with ‘deficient professional performance’ over his postmortem investigation into the death of Ian Tomlinson during the G20 protests, a medical tribunal has concluded.”

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The Guardian, 21st August 2012

Source: www.guardian.co.uk

Academy loses legal challenge over special needs pupils – The Guardian

Posted August 21st, 2012 in education, news, special educational needs, tribunals by sally

“One of the government’s flagship academy schools has lost a legal challenge over its refusal to admit a number of children with special educational needs.”

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The Guardian, 20th August 2012

Source: www.guardian.co.uk