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).’

Full speech

‘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

Another judge wrongly views ‘without prejudice’ offer – Litigation Futures

Posted August 5th, 2019 in costs, disclosure, judges, news, tribunals, without prejudice communications by tracey

‘The First-tier Tribunal (FTT) wrongly took into account a “without prejudice” offer when deciding on the costs of a case when there was no reason to believe that it was “save as to costs”, the Upper Tribunal has ruled.’

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Litigation Futures, 5th August 2019

Source: www.litigationfutures.com

BSB updates policy on the publication of disciplinary findings against barristers – Bar Standards Board

‘The Bar Standards Board (BSB) last night decided to update its policy on the publication of disciplinary findings for professional misconduct. The policy will in future extend to all avenues by which the BSB puts disciplinary findings into the public domain and the lengths of time for which such findings are made publicly available have also been revised.’

Full press release

Bar Standards Board, 19th July

Source: www.barstandardsboard.org.uk

Supreme Court to hear ‘bedroom tax’ dispute over ability to disapply regulations to avoid human rights breaches – Local Government Lawyer

Posted July 3rd, 2019 in benefits, housing, human rights, news, Supreme Court, tribunals by sally

‘The Supreme Court will this week (3 July) hear an appeal on whether social security tribunals have the power or duty to calculate entitlement to housing benefit without making deductions for under-occupancy, where the application of regulations would breach claimants’ rights under the Human Rights Act.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Peers back greater role for Lord Chief in online court rules – Legal Futures

Posted June 25th, 2019 in bills, civil justice, electronic filing, family courts, news, tribunals, veto by sally

‘Former Lord Chief Justice (LCJ) Lord Judge yesterday defeated government efforts to limit the extent to which future holders of the post will have a veto over the work of the online procedure rule committee (OPRC).’

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Legal Futures, 25th June 2019

Source: www.legalfutures.co.uk

Private burial vaults and adverse possession: Holy Trinity, Dalton – Law and Religion UK

Posted June 18th, 2019 in adverse possession, burials and cremation, Christianity, news, tribunals by tracey

‘The Upper Tribunal (Lands Chamber) has upheld the title of the descendants of the original grantor to a family burial vault in a closed church.’

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Law and Religion UK, 17th June 2019

Source: www.lawandreligionuk.com

Entrepreneurs’ Relief: preference shares were ‘ordinary share capital’, says Tribunal – OUT-LAW.com

Posted May 28th, 2019 in dividends, HM Revenue & Customs, news, shareholders, taxation, tribunals by tracey

‘Preference shares which carried the right to a fixed cumulative preferential dividend were ‘ordinary share capital’ for the purposes of calculating entrepreneurs’ relief, the First-tier Tribunal has decided.’

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OUT-LAW.com, 24th May 2019

Source: www.out-law.com

Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in appeals, housing, landlord & tenant, news, service charges, tribunals by tracey

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

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Nearly Legal, 19th May 2019

Source: nearlylegal.co.uk

Jackson calls for overhaul of system for clinical negligence claims – Litigation Futures

‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’

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Litigation Futures, 17th May 2019

Source: www.litigationfutures.com

UK government security decisions can be challenged in court, judges rule – The Guardian

‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Anisminic 2.0 – UK Human Rights Blog

‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’

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UK Human Rights Blog, 15th May 2019

Source: ukhumanrightsblog.com

Court service starts another video hearing pilot running – Legal Futures

‘A pilot enabling domestic abuse victims to take part in hearings by video link from a computer in their solicitor’s office has begun running in Manchester.’

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Legal Futures, 10th May 2019

Source: www.legalfutures.co.uk

Exclusive: Pressured young solicitors “need courage to walk away” – Legal Futures

‘Young solicitors who find themselves in toxic work environments cannot “leave their professional ethical compass at home” and ultimately have to walk away, the president of the Solicitors Disciplinary Tribunal (SDT) has said.’

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Legal Futures, 7th May 2019

Source: www.legalfutures.co.uk

Ticket resellers win tribunal case over action taken by trading standards team – Local Government Lawyer

‘Four ticket resellers have won a case in the First-Tier Tribunal, which ruled that North Yorkshire County Council took action out of time.’

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Local Government Lawyer, 26th April 2019

Source: www.localgovernmentlawyer.co.uk

Tribunal unable to impose new Code agreement over occupied site – OUT-LAW.com

‘The Upper Tribunal (Lands Chamber) has no jurisdiction to impose rights under the Electronic Communications Code (‘the Code’) in favour of an operator of telecommunications equipment, where a third party is currently occupying the land, it has concluded.’

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OUT-LAW.com, 8th April 2019

Source: www.out-law.com