Copyright Tribunal rules will change to fast track smaller cases – OUT-LAW.com

Posted April 16th, 2009 in copyright, news, tribunals by sally

“The Government is changing the way that a copyright disputes body operates in a bid to save time and money. It has opened a consultation on the changes to the operation of the Copyright Tribunal.”

Full story

OUT-LAW.com, 15th April 2009

Source: www.out-law.com

R (Bunce) v Pensions Appeal Tribunal and another – WLR Daily

R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134

“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”

WLR Daily, 8th April 2009

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.

R (Parish) v Pensions Ombudsman – WLR Daily

Posted March 11th, 2009 in law reports, maladministration, pensions, tribunals by sally

R (Parish) v Pensions Ombudsman; [2009] WLR (D) 86

“Where the ultimate question to be determined by the Pensions Ombudsman in an investigation differed from the ultimate question which had arisen in previously begun court or employment tribunal proceedings, s 146(6)(a)(i) of the Pension Schemes Act 1993 did not preclude an investigation by reason of a factual issue being common to the investigation and to the court or employment tribunal proceedings.”

WLR Daily, 9th March 2009

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.

Protectacoat Firthglow Ltd v Szilagyi – WLR Daily

Posted February 24th, 2009 in contract of employment, jurisdiction, law reports, tribunals, unfair dismissal by sally

Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67

“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”

WLR Daily, 23rd February 2009

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.

Floe Telecom Ltd v Office of Communications and Another – Times Law Reports

Posted February 23rd, 2009 in appeals, law reports, public interest, tribunals by sally

Floe Telecom Ltd v Office of Communications and Another

Court of Appeal

“Where a tribunal had made unnecessary findings which were damaging to the public interest, it was appropriate for the Court of Appeal to entertain the regulator’s appeal against those findings although he had won.”

The Times,23rd February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Trader who received £1.2m bonus can sue for extra £100,000, court rules – The Times

Posted February 12th, 2009 in jurisdiction, news, remuneration, tribunals by sally

“A City trader who is suing his employer claiming that he was underpaid £100,000 after receiving a £1.2 million bonus has won the right to continue his case.”

Full story

The Times, 11th February 2009

Source: www.timesonline.co.uk

Salsbury v The Law Society – Times Law Reports

Posted January 15th, 2009 in disciplinary procedures, human rights, news, solicitors, tribunals by sally

Salsbury v The Law Society

Court of Appeal

“Absent any error of law, the High Court had to pay considerable respect to the decision of an expert and informed domestic tribunal.”

The Times, 15th January 2009

Source: www.timesonline.co.uk

 Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

T-Mobile (UK) Ltd and Another v Office of Communications – Times Law Reports

Posted December 18th, 2008 in competition, judiciary, law reports, telecommunications, tribunals by sally

T-Mobile (UK) Ltd and Another v Office of Communications

Court of Appeal

“An appeal from a decision of the Office of Communications (Ofcom) concerning the award of wireless telegraphy licences lay by way of judicial review and not to the Competition Appeal Tribunal.”

The Times, 18th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

T Mobile (UK) Ltd and another v Office of Communications – WLR Daily

Posted December 17th, 2008 in competition, judicial review, law reports, telecommunications, tribunals by sally

T Mobile (UK) Ltd and another v Office of Communications [2008] EWCA Civ 1373; [2008] WLR (D) 391

A challenge to a the decision of the Office of Communications (‘Ofcom’) concerning the award of wireless telegraphy licences lay by way of a claim for judicial review and not an appeal to the Competition Appeal Tribunal (‘CAT’).”

WLR Daily, 16th December 2008

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.


Company Names Tribunal’s first ruling: Coke Cola needs a new name – OUT-LAW.com

Posted December 11th, 2008 in brand names, news, tribunals by sally

“A company called Coke Cola Limited has been ordered to change its name and pay £700 to the Coca-Cola Company in the first ruling issued by the UK’s newly-formed Company Names Tribunal.”

Full story

OUT-LAW.com, 10th December 2008

Source: www.out-law.com

Salsbury v Law Society – WLR Daily

Posted November 28th, 2008 in disciplinary procedures, human rights, law reports, solicitors, tribunals by sally

Salsbury v Law Society [2008] EWCA Civ 1285; [2008] WLR (D) 365

The Solicitors Disciplinary Tribunal must now take into account the rights of the solicitor under arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It was an overstatement to say that a ‘very strong case’ was required before the High Court would interfere with a sentence imposed by the tribunal but, absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.”

WLR Daily, 26th November 2008

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.

In re Phonographic Performance Ltd – WLR Daily

Posted November 25th, 2008 in copyright, jurisdiction, law reports, tribunals by sally

In re Phonographic Performance Ltd [2008] EWHC 2715 (Ch); [2008] WLR (D) 363

“On a reference by the Secretary of State, pursuant to s 128A of the Copyright, Designs and Patents Act 1988, of a proposed licensing scheme for excepted sound recordings, the Copyright Tribunal had jurisdiction, under s 128B of the Act, to consider a delivery system neutral licensing scheme as a whole and was not limited to a consideration of the terms of a licensing scheme referred thereto only in so far as the scheme related to excepted sound recordings in broadcasts.”

WLR Daily, 24th November 2008

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.

New two tier tribunal system launched today – Ministry of Justice

Posted November 3rd, 2008 in news, tribunals by sally

“The government has launched two new tribunals today, consisting of a First-tier and an Upper Tribunal.”

Full story

Ministry of Justice, 3rd November 2008

Source: www.justice.gov.uk

New courts for old – Daily Telegraph

Posted November 3rd, 2008 in news, tribunals by sally

“Today sees the biggest change in half a century to tribunals that decide more than 500,000 cases a year. But the new senior judge promises users that they will ‘continue to experience a service that is speedy, inexpensive and accessible’.”

Full story

Daily Telegraph, 2nd November 2008

Source: www.telegraph.co.uk

Tribunal service reform to create 2,700 new judges – The Times

Posted November 3rd, 2008 in news, tribunals by sally

“The number of judges in England and Wales is likely to increase dramatically under a radical shake-up of the tribunals service that takes effect from today.”

Full story

The Times, 3rd November 2008

Source: www.timesonline.co.uk

Practice Direction (Upper Tribunal: Judicial review jurisdiction) – WLR Daily

Posted October 31st, 2008 in judicial review, jurisdiction, law reports, practice directions, tribunals by sally

Practice Direction (Upper Tribunal: Judicial review jurisdiction); [2008] WLR (D) 336

“Two classes of application to the Upper Tribunal were specified for the purposes of s 18(6) of the Tribunals, Courts and Enforcement Act 2007.”

WLR Daily, 30th October 2008

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.

Asylum tribunal apologises for questioning academic’s evidence – The Guardian

Posted October 27th, 2008 in defamation, expert witnesses, news, tribunals by sally

“A tribunal has admitted making inappropriate remarks about an academic at Oxford University, issuing a public apology and agreeing to pay costs and damages after he accused it of libel in what is believed to be the first instance of its kind.”

Full story

The Guardian, 27th October 2008

Source: www.guardian.co.uk

One in ten tribunal awards ‘ignored by rogue employers’ – The Times

Posted October 14th, 2008 in employment, news, tribunals by sally

“About 1,500 people who win tribunal claims each year over their treatment in the workplace do not receive their awards because of a flaw in the system, a report concludes.”

Full story

The Times, 14th October 2008

Source: www.timesonline.co.uk

Certificates of Professional Competence – amendments to the Transport Tribunal Rules 200 – Ministry of Justice

Posted September 9th, 2008 in appeals, consultations, press releases, Transport Tribunal, tribunals by sally

“This consultation invited comments on the draft amendments to the Transport Tribunal Rules to accommodate appeals related to Certificates of Professional Competence.
The summarised responses report outlines the conclusions reached on the options.”

Full press release

Ministry of Justice, 8th September 2008

Source: www.justice.gov.uk

Joyce v Secretary of State for Health – Times Law Reports

Posted August 29th, 2008 in appeals, care workers, law reports, tribunals by sally

Joyce v Secretary of State for Health

Queen’s Bench Division

“Where a care worker challenged a finding of misconduct which had resulted in her being placed by the Secretary of State for Health on a list of those considered unsuitable to work with vulnerable adults, the Care Standards Tribunal was entitled, on appeal, to consider allegations of misconduct not entertained by the secretary of state, provided it acted fairly.”

The Times, 29th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.