Reconsideration of a visa or immigration decision – Richmond Chambers

Posted January 21st, 2020 in government departments, immigration, news, tribunals, visas by sally

‘A reconsideration entails a review by the Home Office of a decision that it has made. If you have lodged an appeal in the First Tier Tribunal against an immigration decision, you may wish to consider submitting a reconsideration request (if relevant, with new evidence in support of your case) to the Home Office while the appeal is pending. Our barristers can advise you about whether your case is suitable for requesting a reconsideration.’

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Richmond Chambers, 20th January 2020

Source: immigrationbarrister.co.uk

Rent Repayment Orders, criminal standard, and new evidence on appeal – Nearly Legal

Posted January 20th, 2020 in appeals, evidence, housing, landlord & tenant, licensing, news, rent, tribunals by sally

‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’

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Nearly Legal, 19th January 2020

Source: nearlylegal.co.uk

Remedies in First-tier Tribunal discrimination claims – Local Government Lawyer

‘A recent Upper Tribunal decision has potentially far-reaching implications for schools considering excluding pupils with disabilities, write Tom Amraoui and Rachel Sullivan.’

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Local Government Lawyer, 10th January 2020

Source: www.localgovernmentlawyer.co.uk

CAT gives truck buyers green light to pursue costs – Litigation Futures

Posted January 8th, 2020 in appeals, class actions, competition, costs, news, transport, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has given the claimants in the truck cartel litigation the green light to move forward without delay to a detailed assessment of the costs of a preliminary hearing given the two sides’ contrasting financial resources.’

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Litigation Futures, 8th January 2020

Source: www.litigationfutures.com

On not being entitled to make decisions, let alone wrong ones – Nearly Legal

‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’

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Nearly Legal, 5th January 2020

Source: nearlylegal.co.uk

Freeman tribunal adjourned and may not finish until October next year – The Guardian

Posted December 17th, 2019 in adjournment, disciplinary procedures, doctors, drug abuse, news, sport, tribunals by tracey

‘The occasionally dramatic if sprawling medical tribunal of the former British Cycling and Team Sky doctor Richard Freeman, which was due to be done and dusted last March, may not finish now until October 2020 after being adjourned yet again.’

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The Guardian, 16th December 2019

Source: www.theguardian.com

Tribunal savages SRA witnesses as prosecution left in tatters – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has savaged two witnesses who gave evidence on behalf of the Solicitors Regulation Authority (SRA) against a Yorkshire sole practitioner.’

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Legal Futures, 12th December 2019

Source: www.legalfutures.co.uk

VAT recoverable on shareholder employee tax avoidance scheme says tribunal – OUT-LAW.com

Posted December 11th, 2019 in company directors, employment, news, shareholders, tax avoidance, taxation, tribunals, VAT by tracey

‘Advice on incentivising employees in a tax efficient manner has a direct and immediate link to the purposes of the business and so VAT input tax should be recoverable, even if the employees are directors and shareholders, the UK’s First-tier Tribunal (FTT) has ruled.’

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OUT-LAW.com, 10th December 2019

Source: www.pinsentmasons.com

“Reasonable” for LiP not to understand obligations – Litigation Futures

Posted November 27th, 2019 in appeals, costs, HM Revenue & Customs, litigants in person, news, tribunals by sally

‘Litigants in person (LiPs) who “do little to promote their cases until they are absolutely forced to” and do not “understand, let alone research” their obligations can still be regarded as acting reasonably, the First-tier Tribunal (FTT) has ruled.’

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Litigation Futures, 27th November 2019

Source: www.litigationfutures.com

Tribunals and human rights – Nearly Legal

‘The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications for bedroom tax appeals and beyond.’

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Nearly Legal, 15th November 2019

Source: nearlylegal.co.uk

Half of disability benefits appeals won in tribunal court – BBC News

Posted November 14th, 2019 in appeals, benefits, news, statistics, tribunals by tracey

‘One in two people who appealed in court against a decision to deny them disability benefits were successful, analysis of five years of data shows.’

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BBC News, 14th November 2019

Source: www.bbc.co.uk

Lady Hale: Courts should learn from tribunals on diversity – Legal Futures

Posted November 12th, 2019 in diversity, judiciary, news, tribunals by sally

‘Lady Hale, president of the Supreme Court, has called on the courts to learn lessons from the tribunal service in improving the diversity of judges.’

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Legal Futures, 12th November 2019

Source: www.legalfutures.co.uk

Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal

Posted November 7th, 2019 in costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’

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Nearly Legal, 5th November 2019

Source: nearlylegal.co.uk

Tribunal judiciary “most diverse in Europe” – Litigation Futures

‘The tribunal judiciary is not only representative of the British population but “arguably the most diverse judiciary in Europe and perhaps beyond”, the Senior President of Tribunals has said.’

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Litigation Futures, 5th November 2019

Source: www.litigationfutures.com

Litigation funding agreements are not DBAs, tribunal rules – Litigation Futures

‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), the Competition Appeal Tribunal has ruled.’

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Litigation Futures, 4th November 2019

Source: www.litigationfutures.com

Third party funding agreements are not DBAs – Hardwicke Chambers

‘The Competition Appeal Tribunal (“CAT”) has today (28 October 2019) handed down its decision in the Trucks Cartel claims dealing with the funding of the claims.’

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Hardwicke Chambers, 28th October 2019

Source: hardwicke.co.uk

Anurag Deb: Identity: Northern Ireland’s Gordian Knot – UK Constitutional Law Association

‘ On 14 October 2019, the Upper Tribunal (UT) handed down judgment in SSHD v De Souza, immediately dividing commentators both in and outside Northern Ireland. Briefly, the UT had heard the Home Secretary’s appeal against the First-tier Tribunal (FTT) decision which had declared that the American claimant (respondent in the UT) was entitled to apply to reside in Northern Ireland under the EU Citizen’s Directive because his wife was permitted to self-identify as an Irish national in accordance with the provisions of the Good Friday Agreement (GFA). British nationality, the FTT declared, could not be “imposed” on her at birth, flying in the face of the British Nationality Act 1981 (BNA), section 1 of which, it was argued, does precisely that. The UT allowed the appeal and overturned the FTT judgment, revealing a tension which goes far beyond immigration law.’

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UK Constitutional Law Association, 17th October 2019

Source: ukconstitutionallaw.org

Speeches by Sir Ernest Ryder, Senior President of Tribunals: Collaboration, The Governance of Justice – Courts and Tribunals Judiciary

Posted September 24th, 2019 in case management, courts, electronic filing, judiciary, speeches, tribunals by tracey

‘Ombudsman Association Conference – Driving Improvements: Collaboration and Peer Learning (May 2019).’

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‘Society of Legal Scholars – Implementation and Application of the Law: The Governance of Justice (September 2019)’

Full speech

Courts and Tribunals Judiciary, 20th September 2019

Source: www.judiciary.uk

Right of appeal against refusal of a residence card: the conclusion – UK Human Rights Blog

Posted September 11th, 2019 in appeals, EC law, families, human rights, immigration, news, tribunals by tracey

‘The question of whether non-married partners and wider dependent relatives (e.g. grown-up children) of EEA nationals (known as “extended family members”) have a right of appeal against a decision by the Home Secretary to refuse them a residence card under the EEA Regulations has had a fraught recent history.’

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UK Human Rights Blog, 10th September 2019

Source: ukhumanrightsblog.com

High Court: Silence in disciplinary proceedings can lead to adverse inferences – Legal Futures

‘Disciplinary proceedings are not a “criminal/civil hybrid” and tribunals may draw adverse inferences from respondents staying silent, the High Court has made clear.’

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Legal Futures, 19th August 2019

Source: www.legalfutures.co.uk