‘A major report on the impact of the pandemic on the tribunal service has found that almost a third of judges found it “difficult to communicate” at video hearings in the first few months.’
Litigation Futures, 8th June 2021
Source: www.litigationfutures.com
‘What constitutes a change in “circumstances relevant to the decision”? Holly Littlewood considers the practical implications of a recent Upper Tribunal ruling.’
Local Government Lawyer, 14th May 2021
Source: www.localgovernmentlawyer.co.uk
‘Anyone who has ever tried to study judicial review in England and Wales empirically knows it is a little like digging for gold without a metal detector: it is difficult to know where to dig and there is also no guarantee that you will find what you are looking for.’
UK Constitutional Law Association, 1st April 2021
Source: ukconstitutionallaw.org
‘The Solicitors Disciplinary Tribunal (SDT) has rejected an appeal by a solicitor against a £1,000 fine imposed by the Solicitors Regulation Authority (SRA) for breaching a written agreement he made during probate litigation.’
Legal Futures, 31st March 2021
Source: www.legalfutures.co.uk
‘Awad v Hooley (2021) UKUT 55 (LC). This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here.’
Nearly Legal, 21st March 2021
Source: nearlylegal.co.uk
‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’
Nearly Legal, 6th March 2021
Source: nearlylegal.co.uk
‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’
Nearly Legal, 6th March 2021
Source: nearlylegal.co.uk
‘The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.’
Local Government Lawyer, 25th February 2021
Source: www.localgovernmentlawyer.co.uk
‘Black Lives Matter UK has announced £45,000 of funding to the United Families and Friends Campaign to set up a “people’s tribunal” for deaths in custody.’
The Guardian, 17th February 2021
Source: www.theguardian.com
‘In GL v Elysium Healthcare Upper Tribunal Judge Kate Markus has provided a helpful reminder of the importance of maintaining standards of fairness in the remote environment.’
Doughty Street Chambers, 12th January 2021
Source: insights.doughtystreet.co.uk
The Solicitors Regulation Authority (SRA) was justified in prosecuting two law firm partners even though all of the allegations were dismissed, a tribunal has ruled.
Legal Futures, 21st January 2021
Source: www.legalfutures.co.uk
‘Buildings operated by HM Courts and Tribunals Service are safe for those that need to use them, the organisation’s acting chief executive has insisted.’
Local Government Lawyer, 19th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020.Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ.
In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton.
Nearly Legal, 14th January 2021
Source: nearlylegal.co.uk
‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’
Nearly Legal, 13th December 2020
Source: nearlylegal.co.uk
‘The current test for appeals from the Upper Tribunal to the Court of Appeal is “not strict enough to prevent misuse” of the system by those wanting to benefit from delays caused by “hopeless challenges”, the Ministry of Justice (MoJ) has said.’
Litigation Futures, 7th December 2020
Source: www.litigationfutures.com
‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.’
Falcon Chambers, 2nd November 2020
Source: www.falcon-chambers.com
‘The appeal in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 was the first time that either the Supreme Court or the House of Lords had considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The case confirms important principles affecting the interplay between private law property rights, planning and land use. Lord Burrows, giving the only substantive judgment of the Supreme Court, agreed with the Court of Appeal that the Upper Tribunal’s decision was wrong, but disagreed in a number of important respects with the speech of Sales LJ (as he then was) in the Court of Appeal ([2018] EWCA Civ 2679). For a number of reasons, it is likely that we shall be reading and re-reading this Supreme Court decision for many years to come.’
39 Essex Chambers, 9th November 2020
Source: www.39essex.com
‘The Solicitors Disciplinary Tribunal (SDT) “fell into serious error” in finding no case to answer against a solicitor accused of making a fraudulent costs claim, the High Court has ruled.’
Legal Futures, 17th November 2020
Source: www.legalfutures.co.uk
‘Two key events have taken place in the last week in relation to The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”): the publication of a commencement order and the publication of the Additional Learning Needs Co-ordinator (Wales) Regulations. This article considers both documents, concluding that, based on the limited information available they do not help clarify the confusion amongst practitioners as to the details of the forthcoming special needs regime in Welsh schools.’
3PB, 4th November 2020
Source: www.3pb.co.uk
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