Commercial prejudice: the importance of precise and limited redactions – Panopticon

Posted August 20th, 2012 in appeals, contracts, freedom of information, news, public interest, tribunals by sally

“In the recent decision in UK Coal Mining v IC, Nottinghamshire County Council & Veolia [2012] UKUT 212 AAC, the Upper Tribunal has dismissed an appeal concerned with section 43(2) of FOIA (commercial prejudice): the First-Tier Tribunal (decision EA/2010/0142, on which see our post here) had been entitled to find that only very limited redactions could be made to provisions from a PFI contract for a waste incinerator. Upper Tribunal Judge Wikeley’s decision, while largely fact-specific, illustrates two significant points.”

Full story

Panopticon, 17th August 2012


BSkyB wins appeal against Ofcom over Sky Sports wholesale prices – The Guardian

Posted August 9th, 2012 in appeals, competition, media, news, tribunals by sally

“BSkyB has won its appeal against Ofcom’s decision to force the company to cut the amount it charges rivals to show its flagship Sky Sports channels.”

Full story

The Guardian, 8th August 2012


Network access charges imposed by BT on rivals were unjustified, Court of Appeal rules –

Posted July 31st, 2012 in appeals, EC law, news, telecommunications, tribunals by sally

“The prices that BT charged rivals to access parts of its network to provide services to their subscribers were not justified, the Court of Appeal has ruled.”

Full story, 30th July 2012


BSB Welcomes Publication of COIC Tribunal Review Report – Bar Standards Board

Posted July 30th, 2012 in barristers, disciplinary procedures, news, tribunals by sally

“The Bar Standards Board (BSB) has welcomed the publication of the Final Report of the COIC Disciplinary Tribunal and Hearings Review Group, chaired by Desmond Browne QC.”

Full story

Bar Standards Board, 27th July 2012


Company entitled to use rent free period in the first five years for valuation purposes, tribunal finds –

Posted July 23rd, 2012 in landlord & tenant, news, rates, rent, tribunals, valuation by tracey

“A Valuation Tribunal has rejected an approach by assessors that would have increased the business rates paid by a City firm by 20% over the first five years of a lease.”

Full story, 20th July 2012


SB v Independent Safeguarding Authority (Royal College of Nursing intervening) – WLR Daily

Posted July 20th, 2012 in child abuse, law reports, proportionality, tribunals, vetting by tracey

SB v Independent Safeguarding Authority (Royal College of Nursing intervening): [2012] EWCA Civ 978;  [2012] WLR (D)  215

“The Upper Tribunal (Administrative Appeals Chamber) was empowered under section 4(3) of the Safeguarding Vulnerable Groups Act 2006 to determine whether a decision by the Independent Safeguarding Authority that it was appropriate to include an individual on a barred list was proportionate and rational. In assessing proportionality the tribunal was required to give appropriate weight to the decision of a body charged by statute with a task of expert evaluation. The tribunal also had to address as a material consideration the issue of public confidence in the statutory scheme and in the list.”

WLR Daily, 18th July 2012


Adedoyin v Secretary of State for the Home Department – WLR Daily

Posted July 18th, 2012 in appeals, immigration, law reports, tribunals by tracey

Adedoyin v Secretary of State for the Home Department: [2012] EWCA civ 939;  [2012] WLR (D)  206

“Where the Upper Tribunal had properly directed itself as to its approach on an appeal from a determination of the First–tier Tribunal and had arrived at a conclusion which was open to it, the decision of the Upper Tribunal contained no material error of law and so the Court of Appeal should not allow an appeal from that decision, even if the court might have been more (or less) generous in its approach to the determination of the First-tier Tribunal.”

WLR Daily, 13th July 2012


SEN and Academies: The Upper Tribunal has its say – Education Law Blog

Posted July 17th, 2012 in education, news, special educational needs, tribunals by sally

“Academies are independent, non-fee-paying schools funded by the Secretary of State. For special educational needs (SEN) purposes, although Academies are deemed to be mainstream schools (see the Education Act 1996, s.316(4)(b)(iii)), they are not subject to the duties in relation to SEN that maintained schools (as defined in s.312(5)) are. That gap is, however, (at least partially) plugged by the terms of the Funding Agreement between the Secretary of State and the Academy Trust. Indeed, in relation to Academies created since the Academies Act 2010, s.1(7) of the 2010 Act requires the Funding Agreement to impose ‘SEN obligations’ (i.e. the obligations under Chapter 1 of Part IV of the 1996 Act) on the Academy.”

Full story

Education Law Blog, 11th July 2012


Moors Murderer Brady’s tribunal delayed – BBC News

Posted July 6th, 2012 in mental health, news, tribunals by tracey

“Moors Murderer Ian Brady’s mental health tribunal scheduled for Monday has been adjourned because he is too ill to attend, a judge has ruled.”

Full story

BBC News, 6th July 2012


Press Complaints Commission chair risks Leveson clash with reform plans – The Guardian

Posted June 18th, 2012 in complaints, freedom of expression, inquiries, media, news, ombudsmen, tribunals by sally

“Lord Hunt, the chairman of the Press Complaints Commission, risks a confrontation with Lord Justice Leveson next month when he is expected to present proposals for press reform aimed at sidestepping any fresh legislation.”

Full story

The Guardian, 17th June 2012


Doctors to face hearings under new tribunal service – BBC News

Posted June 11th, 2012 in doctors, news, ombudsmen, tribunals by sally

“Doctors involved in fitness to practise hearings will now be referred to a new independent tribunal service set up as part of government-led reforms.”

Full story

BBC News, 11th June 2012


Emails detailing phone call conversations can hold confidential information that public bodies should not disclose –

“A local authority in London was ‘justified’ in not disclosing an email that recorded the ‘substance’ of a telephone conversation between a staff member and a third party because it would have been a breach of confidence to do so, an Information Rights Tribunal has ruled.”

Full story, 22nd May 2012


Bush and Blair’s pre-Iraq conversation must be disclosed, tribunal rules – The Guardian

Posted May 22nd, 2012 in disclosure, freedom of information, news, telecommunications, tribunals by sally

“Extracts of a phone conversation between Tony Blair and George Bush a few days before the invasion of Iraq must be disclosed, a tribunal has ruled.”

Full story

The Guardian, 21st May 2012


Anemometers and wind farms once more: PINS now win the day – UK Human Rights Blog

Posted May 22nd, 2012 in appeals, disclosure, energy, inquiries, news, planning, tribunals by sally

“I have previously posted on the decision leading to this successful appeal by the Planning Inspectorate, against an order that they produce their legal advice concerning a planning appeal. The decision of the First-Tier Tribunal in favour of disclosure was reversed by a strong Upper Tribunal, chaired by Carnwath LJ in his last outing before going to the Supreme Court. So the upshot is that PINS can retain whatever advice which led them to refuse this request for a public inquiry in a locally controversial case.”

Full story

UK Human Rights Blog, 22nd May 2012


Employees must be part of a “deliberate” grouping to transfer under TUPE, tribunal says –

“Individuals who spend all their time working for a single client will not necessarily form part of an ‘organised grouping of employees’ whose employment will transfer under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations when their work is taken back in-house, the Employment Appeal Tribunal (EAT) has said.”

Full story, 21st May 2012


FSA “did not establish misconduct” from alleged CEO compliance failures, tribunal says –

Posted April 26th, 2012 in appeals, financial regulation, fines, news, tribunals by sally

“The financial services regulator ‘did not establish its case’ that the former chief executive of a large investment bank had committed misconduct through his alleged failure to adequately supervise compliance issues.”

Full story, 26th April 2012


Government plans for private right of redress against competition law breaches unveiled –

Posted April 26th, 2012 in competition, consultations, news, tribunals by sally

“Businesses will be able to ask a competition tribunal to rule whether actions by rivals are anti-competitive under plans drafted by the Government.”

Full story, 26th April 2012


Names of staff members who dealt with complaints are not necessarily personal data, Tribunal says –

“The names of three junior members of staff who had handled complaints made to the financial services regulator should have been disclosed as part of a freedom of information request as disclosure ‘did not adversely affect their privacy’, a tribunal has ruled.”

Full story, 18th April 2012


Palestinian activist wins appeal against deportation – The Guardian

Posted April 10th, 2012 in appeals, deportation, news, tribunals by sally

“The home secretary was ‘misled’ when she moved to throw a leading Palestinian activist out of the UK, according to an immigration tribunal ruling that strongly criticised her decision and found in favour of his appeal against the government’s attempts to deport him.”

Full story

The Guardian, 9th April 2012


Public interest ‘high’ in publishing NHS risk register – BBC News

Posted April 10th, 2012 in freedom of information, health, news, public interest, tribunals by sally

“The public interest in publishing a risk assessment of the NHS overhaul in England is ‘very high, if not exceptional’, a tribunal has ruled.”

Full story

BBC News, 5th April 2012