The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers

‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’

Full Story

Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Tribunal stays information rights cases for 28 days – Local Government Lawyer

‘The First-Tier Tribunal General Regulatory Chamber (Information Rights) has – with immediate effect – stayed for a period of 28 days all proceedings under section 48 of the Data Protection Act 1998, section 162 of the Data Protection Act 2018 and section 57 of the Freedom of Information Act 2000.’

Full Story

Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Council wins appeal over tribunal ruling requiring it to issue caravan site licence- Local Government Lawyer

Posted April 3rd, 2020 in appeals, interpretation, local government, news, planning, tribunals by sally

‘The First-tier Tribunal (FTT) acted irrationally and put a council in an impossible position when it ordered it to issue a caravan site licence, the Upper Tribunal (Lands Chamber) has decided.’

Full Story

Local Government Lawyer, 2nd April 2020

Source: www.localgovernmentlawyer.co.uk

Network of priority courts launched for essential face-to-face hearings – Local Government Lawyer

Posted March 31st, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘The Ministry of Justice, HM Courts and Tribunals Service and the judiciary have created a network of 157 priority courts and tribunal buildings that will remain open for essential face-to-face hearings during the coronavirus pandemic to make sure the justice system continues to operate effectively.’

Full Story

Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Majority of courts to close from Monday – Litigation Futures

Posted March 30th, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘Fewer than half of courts and tribunals will remain open for face-to-face hearings as part of efforts to maintain a “core justice system focused on the most essential cases”, the government has announced.’

Full Story

Litigation Futures, 27th March 2020

Source: www.litigationfutures.com

Upper Tribunal cuts £572k civil penalties in housing case by 70% – Local Government Lawyer

Posted March 27th, 2020 in appeals, housing, local government, news, notification, penalties, tribunals by sally

‘The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.’

Full Story

Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rules on burden of proof when statutory defence to HMO offence is pleaded – Local Government Lawyer

‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’

Full Story

Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Landlord fails in Upper Tribunal appeal over requirement to attend training on tenancy management – Local Government Lawyer

Posted March 26th, 2020 in appeals, landlord & tenant, licensing, news, tribunals by sally

‘The Upper Tribunal has rejected an appeal by a landlord over the imposition of a condition on his licence requiring him to attend training on how to manage tenancies.’

Full Story

Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Landowner loses Upper Tribunal appeal over certificate of appropriate alternative development for site acquired for link road – Local Government Lawyer

Posted March 25th, 2020 in appeals, local government, news, planning, roads, tribunals by sally

‘The owner of a field that was compulsorily acquired to provide land for the construction of a link road has lost his appeal over the certificate of appropriate alternative development he was given.’

Full Story

Local Government Lawyer, 23rd March 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

Full Story

Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

Icebergs Avoided: Navigating the s23 Case Law – Panopticon

Posted March 20th, 2020 in appeals, disclosure, freedom of information, news, tribunals by sally

‘Anyone who has had a FOIA case in the national security space will have faced the near-impossible task of trying to work out what on earth Corderoy & Ahmed v Information Commissioner & Attorney General & Cabinet Office [2017] UKUT 495 (AAC) means; a front-runner for most impenetrable Upper Tribunal decision on FOIA. Now Judge Markus QC has had a go at squaring the circle in Lownie v Information Commissioner & Foreign and Commonwealth Office & The National Archives [2020] UKUT 32 (AAC).’

Full Story

Panopticon, 19th March 2020

Source: panopticonblog.com

It’s Not Your Vault: Adverse Possession in King & Anor v The Benefice of Newburn In the Diocese of Newcastle – Hardwicke Chambers

‘According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in ownership of the land since compulsory registration on sale of land was introduced.’

Full Story

Hardwicke Chambers, 3rd March 2020

Source: hardwicke.co.uk

Short lets and breach of lease – Nearly Legal

Posted March 16th, 2020 in holidays, housing, leases, news, tribunals by sally

‘A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease.’

Full Story

Nearly Legal, 14th March 2020

Source: nearlylegal.co.uk

HMCTS issues guidance for courts and tribunals users during coronavirus outbreak – Local Government Lawyer

‘HM Courts and Tribunals Service has today (13 March) issued guidance for all court and tribunal users during the coronavirus outbreak.’

Full Story

Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Certainty of delivery of notices – Upper Tribunal on the burden of proof – Nearly Legal

‘A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a decision about the reasonableness of the service charge demands, but in respect of the respondent, it held that the charges were not payable by the respondent because she had not received the demands.’

Full Story

Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

The Second Appeals Test in Immigration Law – Richmond Chambers

‘In this post, we explain the Second Appeals test and note some recent developments in the area.’

Full Story

Richmond Chambers, 14th February 2020

Source: immigrationbarrister.co.uk

Permitted Development (2) – the relationship to restrictive covenants – Exchange Chambers

‘The provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 which permit changes of use from office to residential have been controversial, particularly in parts of the south of England where many local authorities fear the effects upon the supply of office accommodation in their areas. As a result, a number of authorities have exercised the powers in Article 4 of the Order to withdraw the rights from parts of their areas. A recent case in the Upper Tribunal (Lands Chamber) illustrates the issues involved where a Council adopts a different approach by attempting to rely on its rights as landlord to enforce leasehold restrictive covenants to prevent the implementation of a change of use proposal.’

Full Story

Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

“Football is Football” – Relegation Not Ground For Re-valuing a Football Stadium – Francis Taylor Building

Posted February 14th, 2020 in chambers articles, interpretation, news, sport, tribunals, valuation by sally

‘In an important new rating decision the UT has concluded in Wigan Football Club Limited v Wayne Cox (VO) [2019] UKUT 0389 (LC) that the successive relegations of a football club from the Premier League (“PL”) to the Championship and then to League 1 did not constitute a material change of circumstances (“MCC”) providing grounds for a reduction in rateable value (in the 2010 compiled list). The UT confirmed the decision of the VTE, but also made reference to the unfairness of the outcome for financially imperilled clubs and the potential need for adjustments in the method of valuation.’

Full Story

Francis Taylor Building, 14th February 2020

Source: www.ftbchambers.co.uk

London Borough of Southwark v Royce & Nicoue [2019] UKUT 331 (LC) – Tanfield Chambers

‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’

Full Story

Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

Tribunal Judge loses case of race discrimination against fellow Judges – Ely Place Chambers

‘Employment Judge Snelson has handed down judgment in Kumrai v Ministry of Justice and others, an unusual case involving serious allegations of race discrimination by members of the senior judiciary in which the Claimant and all three Respondent witnesses were serving Tribunal Judges. The Claimant, a Judge of the First-Tier Tribunal, sued both the Regional Judge and President of the relevant chamber together with the Ministry of Justice, for direct race discrimination, harassment and victimisation.’

Full Story

Ely Place Chambers, 14th January 2020

Source: elyplace.com