Category: tribunals

Recovery of costs in service charge disputes in the LVT – Tanfield Chambers

Posted January 17th, 2013 in costs, leases, news, tribunals, valuation by sally

“The LVT has no general power to award costs other than when an application is dismissed as frivolous or vexatious, or otherwise an abuse of process or a party has acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings. In such circumstances the costs are capped at £500: para 10 of Sch 12 to the Commonhold and Leasehold Reform Act (‘CLRA’) 2002.”

Full story (PDF)

Tanfield Chambers, 8th January 2013

Source: www.tanfieldchambers.co.uk

Judge to rule on whether police spy case should be held in open – The Guardian

Posted January 17th, 2013 in investigatory powers, misfeasance in public office, news, police, private hearings, tribunals, women by sally

“A high court judge is due to announce on Thursday morning whether police chiefs have won a controversial case involving undercover spies they infiltrated into political campaigns.”

Full story

The Guardian, 17th January 2013

Source: www.guardian.co.uk

WH Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted January 11th, 2013 in competition, EC law, jurisdiction, law reports, tribunals, unlawful means conspiracy by tracey

WH Newson Holding Ltd and others v IMI plc and others: [2012] EWHC 3680 (Ch); [2013] WLR (D) 5

“There was nothing to suggest that section 47A of the Competition Act 1998 was limited to the particular cause of action of a claim for breach of statutory duty. A claim brought under section 47A had to be in respect of the loss or damage suffered as a result of the infringement of competition law. The section would not generally permit claims to be brought in the Competition Appeal Tribunal for conduct that was distinct from the infringement, even when the infringement was an element that had to be established to complete the cause of action. The determining criterion was the factual nature of the claim, not the cause of action with which it was clothed.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Christians and working on Sundays: what the tribunal really said – The Guardian

Posted January 11th, 2013 in Christianity, constructive dismissal, judgments, news, religious discrimination, tribunals by tracey

“Written rulings should be published when tribunals give judgments in order to properly inform public debate.”

Full story

The Guardian, 10th Janaury 2013

Source: www.guardian.co.uk

Baha Mousa army doctor found guilty of serious misconduct – The Guardian

Posted December 19th, 2012 in armed forces, doctors, Iraq, news, professional conduct, torture, tribunals by sally

“A former British army doctor has been found guilty of serious misconduct by medical watchdogs over the death of Iraqi detainee Baha Mousa and will now face possible sanctions against his working as a medic.”

Full story

The Guardian, 18th December 2012

Source: www.guardian.co.uk

New date set for Moors Murderer Ian Brady’s tribunal – BBC News

Posted December 6th, 2012 in mental health, murder, news, suicide, tribunals by sally

“Moors Murderer Ian Brady’s rescheduled mental health tribunal will take place in June, the Judicial Office has said.”

Full story

BBC News, 6th December 2012

Source: www.bbc.co.uk

Abu Qatada appeal launched by home secretary – The Guardian

Posted December 4th, 2012 in appeals, deportation, evidence, immigration, news, terrorism, torture, tribunals by sally

“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”

Full story

The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Emerson Electric Co and others v Morgan Crucible Co plc and others – WLR Daily

Posted November 30th, 2012 in competition, law reports, subsidiary companies, tribunals by tracey

Emerson Electric Co and others v Morgan Crucible Co plc and others: [2012] EWCA Civ 1559;   [2012] WLR (D)  354

“The fact that a European parent company had been found guilty of infringing European competition law did not give the Competition Appeal Tribunal jurisdiction to hear a follow-on claim for damages brought under section 47A of the Competition Act 1998 against an English subsidiary which had not been an addressee to the European Commission’s decision on infringement.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

Turner v East Midlands Trains Ltd – WLR Daily

Posted November 30th, 2012 in human rights, law reports, proportionality, tribunals, unfair dismissal by tracey

Turner v East Midlands Trains Ltd: [2012] EWCA Civ 1470;   [2012] WLR (D)  353

“The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did not fall short of the procedural safeguards required by article 8 of the European Convention.”

WLR Daily, 16th November 2012

Source: www.iclr.co.uk

BSB outlines disappointment over disciplinary failures as Inns of Court turf war looms – Legal Futures

Posted November 28th, 2012 in barristers, disciplinary procedures, inns of court, news, tribunals by sally

“The Bar Standards Board (BSB) has expressed regret and disappointment at the problems uncovered in the Inns of Court’s administration of disciplinary tribunals – and opened up a turf war over the role of the new tribunals service that is being set up as a result.”

Full story

Legal Futures, 28th November 2012

Source: www.legalfutures.co.uk

Confidential bid information could be disclosed under FOI laws, rules Tribunal – OUT-LAW.com

Posted November 28th, 2012 in confidentiality, freedom of information, news, public procurement, tenders, tribunals by sally

“Public sector bodies cannot guarantee the confidentiality of bid information in the aftermath of an Information Rights Tribunal ruling, an expert has said.”

Full story

OUT-LAW.com, 27th November 2012

Source: www.out-law.com

Down the rabbit-hole: costs, the Comms Act and the Competition Commission – Competition Bulletin from Blackstone Chambers

Posted November 27th, 2012 in competition, costs, news, tribunals by sally

“Where an appeal to the Tribunal under section 192 of the Communications Act 2003 gives rise to specified ‘price control matters’, the CAT must hive them off for determination by the Competition Commission: see section 193(1) and SI 2004/2068. The CAT is then bound by section 193(6) to follow the Commission’s determination, except ‘to the extent that the Tribunal decides, applying the principles applicable on an application for judicial review, that the determination of the Competition Commission is a determination that would fall to be set aside on such an application’: section 193(7).”

Full story

Competition Bulletin from Blackstone Chambers, 27th November 2012

Source: www.competitionbulletin.com

Judge considers his verdict in women’s legal action over undercover officers – The Guardian

Posted November 27th, 2012 in damages, investigatory powers, misfeasance in public office, news, police, private hearings, tribunals by sally

“Judge is considering whether the case of the women who say they were duped into forming long-lasting sexual relationships with undercover officers should be heard in High Court.”

Full story

The Guardian, 26th November 2012

Source: www.guardian.co.uk

Employee benefit trust payments to Rangers staff and players were not illegal, says tribunal – OUT-LAW.com

Posted November 22nd, 2012 in benefits, employment, news, sport, tax avoidance, tribunals, trusts by tracey

“The former Rangers Football Club did not act illegally when it used employee benefit trusts (EBTs) to distribute money to players and staff, a tribunal has ruled.”

Full story

OUT-LAW.com, 22nd November 2012

Source: www.out-law.com

Environmental and Planning Law Newsletter – Thirty Nine Essex Street

Posted November 14th, 2012 in costs, environmental protection, judicial review, news, planning, tribunals by sally

Environmental and Planning Law Newsletter (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com

Update on recent Tribunal decisions part 4: qualified exemptions and the public interest – Panopticon

Posted November 14th, 2012 in freedom of information, news, public interest, tribunals by sally

“In the final part of our round-up of recent decisions of the First-Tier Tribunal, Panopticon looks at the qualified exemptions, the public interest and a few other loose ends.”

Full story

Panopticon, 13th November 2012

Source: www.panopticonblog.com

Update on recent Tribunal decisions part 3: personal data of public officials and relating to court proceedings – Panopticon

Posted November 14th, 2012 in data protection, freedom of information, news, privacy, tribunals by sally

“I posted a few days ago about some recent decisions of the First-Tier Tribunal on requests under FOIA and the EIR for personal data. There have been a number of decisions on this issue of late. The following are of note, as they illustrate the types of issues very frequently encountered by public authorities. They also illustrate the nuanced and forensic approach taken by some Tribunals. There may not be a presumption in favour of disclosing personal data, but public authorities should beware assuming that Tribunals will be equally cautious about disclosing all types of personal data.”

Full story

Panopticon, 13th November 2012

Source: www.panopticonblog.com

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.”

Full story

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).”

Full story

Education Law Blog, 12th November 2012

Source: www.education11kbw.com