“Twice as many judges are needed to handle the high volume of appeals under the Government’s controversial new welfare regime, at a cost of at least £1million a year.”
Daily Telegraph, 26th March 2012
Source: www.telegraph.co.uk
“The Court of Appeal has considered the test for the second stage of appeal in immigration cases, when someone wishes to appeal from the Upper Tribunal to the Court of Appeal. The test requires showing that: ‘(a) the proposed appeal would raise some important point of principle or practice; or (b) there is some other compelling reason for the [Court of Appeal] to hear the appeal.’ ”
UK Human Rights Blog, 23rd March 2012
Source: www.ukhumanrightsblog.com
“Where a claimant who had succeeded before the First-tier Tribunal but failed in the Upper Tribunal sought permission to appeal from the Upper Tribunal, not on the ground of an important point of principle or practice, but for some other compelling reason within section 13(6)(b) of the Tribunals, Courts and Enforcement Act 2007, the test to be applied was stringent but flexible, taking into account the particular circumstances of the case. The procedural history and extreme consequences for the claimant if he were refused permission to appeal were relevant factors to be taken into account by the court in deciding whether the threshold for a second-tier appeal had been reached.”
WLR Daily, 16th March 2012
Source: www.iclr.co.uk
“The Tribunal’s function under the Financial Services and Markets Act 2000 is to:
‘determine what (if any) is the appropriate action for the decision-maker [i.e. the Financial services Authority] to take in relation to the matter referred … to it’ (section 133(5)).”
Full story (PDF)
Thirty Nine Essex Street, 21st February 2012
Source: www.39essex.com
“The Bar Standards Board today confirmed the timetable for assessing the impact of past reappointment procedures for Council of the Inns of Court tribunal members.”
Bar Standards Board, 15th March 2012
Source: www.barstandardsboard.org.uk
Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260; [2012] WLR (D) 67
“The Secretary of State had discretionary power to serve a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 although failure to serve did not render an immigration decision unlawful.”
WLR Daily, 7th March 2012
Source: www.iclr.co.uk
“Moors Murderer Ian Brady’s mental health tribunal will be held in public this summer, a judge has ruled. It is only the second time such a hearing has been open to scrutiny in this way.”
The Independent, 10th March 2012
Source: www.independent.co.uk
“A movement of workers to another location as a result of a change in employer is a ‘substantial change’ in working conditions which can give rise to successful claims for automatic unfair dismissal, an employment tribunal has ruled.”
OUT-LAW.com, 8th March 2012
Source: www.out-law.com
“Could publishing a Whitehall document outlining the possible risks of the NHS shake-up pose a risk to good governance? That’s been the argument made in an appeal against a Freedom of Information ruling in central London this week.”
BBC News, 8th March 2012
Source: www.bbc.co.uk
“As we reported in our summary of the decision earlier, the Supreme Court has confirmed that the Special Immigration Appeals Commission (SIAC) has the power to order that certain witness evidence may be produced in conditions of absolute and irreversible secrecy.”
UK Human Rights Blog, 8th March 2012
Source: www.ukhumanrightsblog.com
“The court is entitled to make an order for a witness to give evidence before the Special Immigration Appeals Commission (SIAC) in such a way that the identity of the witness and the substance of the evidence remains confidential.”
UK Human Rights Blog, 7th March 2012
Source: www.ukhumanrightsblog.com
“Seven Algerian nationals suspected of terrorism have resisted attempts to deport them by turning the tables on the government’s support for using secret evidence in court.”
The Guardian, 7th March 2012
Source: www.guardian.co.uk
MM (Zimbabwe) v Secretary of State for the Home Department: [2012] EWCA Civ 135; [2012] WLR (D) 36
” ‘Conspicuous unfairness’ was not a free standing ground in an immigration case on which a court could act in the absence of unlawful action on the part of the Home Secretary.”
WLR Daily, 24th January 2012
Source: www.iclr.co.uk
“Business customers of online news clippings services will pay a lower fixed price licence to access newspaper content via those providers following an interim ruling by the Copyright Tribunal.”
OUT-LAW.com, 16th February 2012
Source: www.out-law.com
“Shares awarded to employees in ‘cash box’ companies as part of an avoidance scheme are ‘readily convertible assets’ (RCAs) on which an employer must account for income tax under pay as you earn (PAYE), a tribunal has ruled.”
OUT-LAW.com, 9th February 2012
Source: www.out-law.com
“Royal Mail could be facing a wave of employment tribunal claims from temporary sorting office workers who say they have been subjected to serious delays and miscalculations in their pay packets over Christmas and the new year.”
The Guardian, 23rd January 2012
Source: www.guardian.co.uk
“A judge has fiercely criticised the quality of advocacy in mental health review tribunals (MHRT) as calls intensify across the profession for the compulsory accreditation of practitioners appearing for mentally ill clients.”
Law Society’s Gazette, 19th January 2012
Source: www.lawgazette.co.uk
“According to last weeks’ press coverage, schools are to be given new powers to weed out incompetent teachers and enforce ‘rigorous’ standards to ensure performance is maintained. However, behind the headlines these proposals may be less far reaching in practice than they at first appear.”
Halsbury’s Law Exchange, 18th January 2012
Source: www.halsburyslawexchange.co.uk
“The disciplinary procedures of the Royal College of Veterinary Surgeons did not give rise to any appearance of bias so as to breach a practitioner’s right to a fair trial under Article 6.”
UK Human Rights Blog, 18th January 2012
Source: www.ukhumanrightsblog.com
“Tax Tribunal rules HMRC is waiting months before alerting firms returns are late so that fines stack up.”
The Independent, 13th January 2012
Source: www.independent.co.uk
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