Watchdog wrong to deem FOI request vexatious, Tribunal rules – OUT-LAW.com

Posted August 30th, 2011 in freedom of information, housing, news, tribunals by sally

“The UK’s freedom of information (FOI) law watchdog was wrong to rule that an FOI request was vexatious, the Information Rights Tribunal, formerly the Information Tribunal has ruled.”

Full story

OUT-LAW.com, 26th August 2011

Source: www.out-law.com

PR (Sri Lanka) v Secretary of State for the Home Department; SS (Bangladesh) v Same; TC (Zimbabwe) v Same – WLR Daily

Posted August 17th, 2011 in appeals, asylum, immigration, international law, law reports, tribunals by sally

PR (Sri Lanka) v Secretary of State for the Home Department; SS (Bangladesh) v Same; TC (Zimbabwe) v Same [2011] EWCA Civ 988; [2011] WLR (D) 276

“The two tiers of the tribunal system operating in respect of immigration and asylum cases were, and were plainly to be regarded as, competent to determine whether there was a compelling reason why the particular issue on which an applicant’s claim which had failed twice before that system should be subjected to a third judicial process.”

WLR Daily, 11th August 2011

Source: www.iclr.co.uk

Commissioners for HM Revenue and Customs v Jones – WLR Daily

Posted July 22nd, 2011 in customs and excise, jurisdiction, law reports, tribunals by sally

Commissioners for HM Revenue and Customs v Jones [2011] EWCA Civ 824; [2011] WLR (D) 236

“The first tier and upper tribunals were statutory appellate tribunals which had not been given any original jurisdiction for resolving disputes as to whether or not goods were imported legally for personal use. The issue could only be decided by the court. The first tier tribunal’s jurisdiction was limited to hearing an appeal against a discretionary decision by HM Commissioners for Revenue and Customs not to restore the seized goods to the importer.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Eba v Advocate General for Scotland – WLR Daily

Posted June 23rd, 2011 in appeals, judicial review, law reports, Supreme Court, tribunals by sally

Eba v Advocate General for Scotland [2011] UKSC 29; [2011] WLR (D) 204

“The approach to judicial review of unappealable decisions of the Upper Tribunal in Scotland should be to align itself with what had been decided by the Supreme Court to be the approach to be taken in England and Wales. Accordingly, as in England and Wales, the same criteria which had to be satisfied when making a second-tier appeal to the Court of Appeal applied when deciding whether a refusal of permission by the Upper Tribunal to appeal to itself was open to judicial review in Scotland.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Cart) v Upper Tribunal; Regina (MR (Pakistan)) Upper Tribunal – WLR Daily

Posted June 23rd, 2011 in appeals, judicial review, law reports, Supreme Court, tribunals by sally

Regina (Cart) v Upper Tribunal; Regina (MR (Pakistan)) Upper Tribunal [2011] UKSC 28; [2011] WLR (D) 203

“Judicial review of a refusal by the Upper Tribunal of permission to appeal to itself was limited to the grounds upon which permission to make a second-tier appeal to the Court of Appeal would be granted.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chapple v Suffolk County Council and another – WLR Daily

Posted June 16th, 2011 in appeals, judicial review, law reports, local government, tribunals by sally

Chapple v Suffolk County Council and another [2011] EWCA Civ 691; [2011] WLR (D) 194

“The structure of the tribunals system under the Tribunals, Courts and Enforcement Act 2007 was designed to be flexible, as was the role of the Upper Tribunal. The Upper Tribunal hearing appeals from the First-tier tribunal should look at the procedural possibilities involved in complex cases and should, where appropriate, consider whether judicial review would be a suitable remedy.”

WLR Daily, 8th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Unnecessary tribunals wasting taxpayers’ money, watchdog warns – The Guardian

Posted June 14th, 2011 in appeals, government departments, news, reports, tribunals by sally

“Government departments and agencies are costing the taxpayer huge sums each year by making incorrect decisions which are then overturned by tribunals, an official report has concluded.”

Full story

The Guardian, 14th June 2011

Source: www.guardian.co.uk

High cost of compensation culture and ‘human rights’ – Daily Telegraph

Posted June 13th, 2011 in compensation, human rights, news, tribunals, vexatious litigants by tracey

“Natasha Sivanandan has spent 25 years pursuing tribunal cases and has now secured her biggest victory with a £425,000 payout.”

Full story

Daily Telegraph, 11th June 2011

Source: www.telegraph.co.uk

Bill limiting sharia law is motivated by ‘concern for Muslim women’ – The Guardian

Posted June 9th, 2011 in arbitration, bills, islamic law, news, sex discrimination, tribunals, women by tracey

“Islamic courts would be forced to acknowledge the primacy of English law under a bill being introduced in the House of Lords. The bill, proposed by Lady Cox and backed by women’s rights groups and the National Secular Society, was drawn up because of ‘deep concerns’ that Muslim women are suffering discrimination within closed sharia law councils.”

Full story

The Guardian, 8th June 2011

Source: www.guardian.co.uk

Treating licensees differently to their competitors does not constitute unreasonable discrimination, Copyright Tribunal rules – OUT-LAW.com

Posted May 10th, 2011 in copyright, licensing, news, tribunals, unfair commercial practices by sally

“Agencies acting for copyright holders can charge different companies different royalty rates without engaging in unlawful discrimination, the Copyright Tribunal has ruled.”

Full story

OUT-LAW.com, 10th May 2011

Source: www.out-law.com

Guidance on agency workers’ rights leaves crucial questions unanswered, says expert – OUT-LAW.com

Posted April 6th, 2011 in casual workers, EC law, news, tribunals by sally

“Government guidance on the rights of agency workers leaves some questions unanswered that will only be cleared up through employment tribunals, according to an employment law expert.”

Full story

OUT-LAW.com, 5th April 2011

Source: www.out-law.com

British Telecommunications plc v Office of Communications (Hutchison 3G UK Ltd intervening) – WLR Daily

Posted March 14th, 2011 in appeals, competition, law reports, tribunals by sally
“On its true interpretation section 192(6)(a) of the Communications Act 2003 did not impose a statutory bar on the introduction of fresh evidence on an appeal to the Competition Appeal Tribunal.”
WLR Daily, 11th March 2011

Civil legal aid cuts will increase tribunal workload – Law Society’s Gazette

Posted March 10th, 2011 in legal aid, news, reports, tribunals by sally

“Cuts to civil legal aid will leave people unable to pursue their rights and increase the workload of the tribunal system, the senior president of tribunals has warned.”

Full story

Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

Hunt saboteur Joe Hashman wins landmark ruling – The Guardian

Posted March 10th, 2011 in belief discrimination, hunting, news, tribunals by sally

“An animal rights activist whose long-running campaigns made him notorious in hunting circles has won a landmark ruling that his anti-hunting beliefs should be protected from discrimination in the same way as religion.”

Full story

The Guardian, 9th March 2011

Source: www.guardian.co.uk

Broadmoor patient makes history with court appeal – The Independent

Posted March 9th, 2011 in disability discrimination, human rights, mental health, news, tribunals by sally

“A patient in Broadmoor Hospital who has spent more than two decades alongside some of Britain’s most dangerous criminals has won the right to have a review into his detention heard in public, The Independent has learned.”

Full story

The Independent, 9th March 2011

Source: www.independent.co.uk

PO (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted February 28th, 2011 in appeals, asylum, immigration, law reports, tribunals by sally

PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132; [2011] WLR (D) 61

“The current practice of producing a headnote of the determination of the Asylum and Immigration Tribunal in a country guidance case needed to be reviewed.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Solicitors Regulation Authority v Davis and another – WLR Daily

Posted February 7th, 2011 in costs, disciplinary procedures, law reports, solicitors, tribunals by sally

Solicitors Regulation Authority v Davis and another [2011] WLR (D) 36

“Where a solicitor admitted disciplinary charges, and therefore anticipated sanctions upon him, he should give notice in advance of the hearing to the Solicitors Regulation Authority and the Solicitors Disciplinary Tribunal that he intended to contend either that no order for costs should be made against him, in exercise of the tribunal’s power under section 47(2) of the Solicitors Act 1974, or that any order for costs should be limited by reason of his lack of means.”

WLR Daily, 4th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Royal Navy sailor sex discrimination ruling reviewed – BBC News

Posted December 14th, 2010 in armed forces, news, sex discrimination, tribunals by sally

“A ruling that a sailor missed out on promotion due to her gender is to be reviewed.”

Full story

BBC news, 10th December 2010

Source: www.bbc.co.uk

BCL Old Co Ltd and others v BASF SE ( formerlyBASF AG) and others (No 2) – WLR Daily

Posted November 17th, 2010 in competition, damages, law reports, time limits, tribunals by sally

BCL Old Co Ltd and others v BASF SE (formerly BASF AG) and others (No 2) [2010] EWCA Civ 1258; [2010] WLR (D) 290

“There was no power under the Competition Appeal Tribunal Rules 2003 to extend time for bringing proceedings for follow-on damages under the Competition Act 1998.”

WLR Daily, 15th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mental health patients face legal aid delay – The Guardian

Posted November 9th, 2010 in legal aid, mental health, news, tribunals by sally

“People with mental health problems are finding it increasingly difficult to get lawyers to represent them at tribunals because of changes to the legal aid system.”

Full story

The Guardian, 9th November 2010

Source: www.guardian.co.uk