“The Tribunal Procedure Committee have commenced consultation on rules for the Administrative Appeals Chamber of the Upper Tribunal.”
Judiciary of England and Wales, 4th June 2008
Source: www.judiciary.gov.uk
SK (Sri Lanka) v Secretary of State for the Home Department
Court of Appeal
“While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. If an oral pronouncement was inconsistent with a subsequent written determination, there should be another hearing.”
The Times, 27th May 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.
“This is the Government’s Response to the Consultation Paper CP 30/07 Transforming Tribunal’s Document – Implementing Part 1 of the Tribunals, Courts and Enforcement Act 2007 issued 22 November 2007.”
Tribunals Service, 19th May 2008
Source: www.tribunals.gov.uk
“A radical shake-up of the tribunals system was unveiled by the government today.”
Ministry of Justice, 19th May 2008
Source: www.justice.gov.uk
“Updated guidance for researchers on accessing court, tribunal and prison service records.”
Ministry of Justice, 16th May 2008
Source: www.justice.gov.uk
Bone v Newham London Borough Council [2008] EWCA Civ 435; [2008] WLR (D) 134
“Where an employment tribunal had held that a complaint of direct sex discrimination and victimisation or constructive dismissal had not been proved, it was not open to the tribunal subsequently to amend its decision to find that her dismissal had been an act of direct sex discrimination and victimisation. Where the Employment Appeal Tribunal concluded that the tribunal had erred in law in so amending its decision, it was inappropriate for the EAT simply to allow the appeal and leave the original and unamended decision to stand.”
WLR Daily, 1st May 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.
“This report summarises the responses to the consultation, including how the consultation process has influenced the final shape of the rules.”
Response to consultation (PDF)
Ministry of Justice, 21st April 2008
Source: www.justice.gov.uk
Related link: Consultation paper (PDF)
“A newly created tribunal, set up to ensure credit businesses have a more independent route of appeal against decisions by the Office of Fair Trading (OFT), starts work today, administered by the Tribunals Service.”
Press release (PDF)
Tribunals Service, 7th April 2008
Source: www.tribunals.gov.uk
“This report reviews existing research on drivers of public and participant satisfaction with courts and tribunals. It examines both UK and international evidence (published from 2000 onwards) on what factors may be associated with satisfaction with, and trust in, the justice system.”
Ministry of Justice, 27th March 2008
Source: www.justice.gov.uk
Regina (Rayner) v Secretary of State for Justice
Court of Appeal
“The statutory scheme dealing with the referral of a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under article 5.4 of the European Convention on Human Rights.”
The Times, 26th March 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.
R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85
“The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court.”
WLR Daily, 12th March 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.
Welsh Ministers v Care Standards Tribunal and Another
Queen’s Bench Division
“Although an individual’s registration as manager of a care home had to be related to a specific establishment or agency, it was not necessarily the case that appeals to the Care Standards Tribunal, where the premises had ceased to be available, should be struck out.”
The Times, 29th February 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.
Court of Appeal
“An employment tribunal was entitled to find that an employee’s dismissal for misconduct was fair, even though the employer, in his response to the reason for the dismissal, had taken account of previous similar misconduct which was the subject of an expired final warning.”
The Times, 26th February 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.
“Injured servicemen and military widows will lose out under Government plans to sweep away a tribunal that guarantees their pension rights, ministers have been told.”
Daily Telegraph, 18th February 2008
Source: www.telegraph.co.uk
Welsh Ministers v Care Standards Tribunal and another [2008] WLR (D) 8
“The registration of an individual as a manager under Part II of the Care Standards Act 2000 had to relate to a specific establishment or agency. It was not necessarily the case however that all appeals to the Care Standards Tribunal concerning applications for registration as a manager where the premises in question had ceased to be available to the applicant should be struck out as being misconceived or having no reasonable prospect of success.”
WLR Daily, 25th January 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.
“Radical reforms to modernise the tribunals system in England and Wales were set out in a consultation by the Ministry of Justice today.”
Ministry of Justice, 28th November 2007
Source: www.justice.gov.uk
“This consultation seeks views on the draft Consumer Credit Appeals Tribunals Rules 2008, which have been drafted in line with the Act and current thinking and best practice within the Tribunals Service. The Rules also draw upon the advice set out in the Council on Tribunals’ ‘Guide to Drafting Tribunal Rules’.”
Ministry of Justice, 5th November 2007
Source: www.justice.gov.uk
“A consultation paper proposing amendments to clarify existing rules and procedures, and to incorporate case law into the Asylum and Immigration Tribunal’s Procedure Rules and Fast Track Procedure Rules. One amendment is required as a result of primary legislation (the UK Borders Bill).”
Ministry of Justice, 5th November 2007
Source: www.justice.gov.uk
Fresh hearing not required
Way v Poole Borough Council and Another
Court of Appeal
“The fact that a finding was made that a matter had to be remitted to the Special Educational Needs and Disability Tribunal on one discrete issue, did not mean that there should be a complete fresh hearing of all the issues which had been before the original tribunal.”
The Times, 25th October 2007
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.
“Stefan Cross, the solicitor behind the rise of no-win no-fee equal-pay claims clogging the tribunal system, said yesterday that the cases against local authorities were the beginning of a deluge. The former care home worker estimates that there are 50,000 claims currently waiting to be heard at tribunal with just 25 independent experts working on them.”
The Times, 21st September 2007
Source: www.timesonline.co.uk
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