Upper Tribunal judge allows appeal by mother in EHCP case over pagination issues, criticises First Tier Tribunal for “putting off” issues for later – Local Government Lawyer

Posted March 5th, 2025 in appeals, children, families, local government, news, tribunals by tracey

‘The Upper Tribunal has allowed a mother’s appeal concerning the Education Health and Care (EHC) Plans of her two children, after finding a “procedural irregularity” in respect of pagination issues in the court bundle.’

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Local Government Lawyer, 4th March 2025

Source: www.localgovernmentlawyer.co.uk

Inheritance Tax – Real Property Valuation – 33 Bedford Row

Posted February 26th, 2025 in inheritance tax, news, tribunals, valuation by tracey

‘In England and Wales, where a person has died and Inheritance Tax is potentially due in respect to a property, one stage to determining the tax due, will be ascertaining the market value of the property at the valuation date on the basis of a deemed disposal.’

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33 Bedford Row, 16th February 2025

Source: www.33bedfordrow.co.uk

Tribunal approves landmark £200m Mastercard settlement – Legal Futures

Posted February 24th, 2025 in arbitration, compensation, competition, consumer credit, fees, news, ombudsmen, tribunals by tracey

‘The Competition Appeal Tribunal (CAT) last week approved the £200m settlement of former solicitor Walter Merricks with Mastercard, in a case once valued at £14bn.’

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Legal Futures, 24th February 2025

Source: www.legalfutures.co.uk

Struck-off doctor still a risk to patients – panel – BBC News

Posted February 20th, 2025 in appeals, disciplinary procedures, doctors, news, standards, tribunals by tracey

‘A doctor’s appeal to be restored to the medical register has been denied after a tribunal said he would pose a risk to patients.’

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BBC News, 20th February 2025

Source: www.bbc.co.uk

Pensions tribunal decisions highlight need for procedural compliance – OUT-LAW.com

Posted February 6th, 2025 in appeals, employment, fines, news, ombudsmen, pensions, statistics, tribunals by sally

‘A number of recent UK First-tier Tribunal (FTT) rulings highlight the importance of following the tribunal’s rules, in particular to provide the documentation required in appeals against The Pensions Regulator, an expert has said.’

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OUT-LAW.com, 5th February 2025

Source: www.pinsentmasons.com

Veteran barrister disbarred for ‘recklessly misleading’ tribunal – Legal Futures

‘A veteran barrister who attempted to recklessly mislead the court and failed to provide his direct access client with a competent service has been disbarred.’

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Legal Futures, 29th January 2025

Source: www.legalfutures.co.uk

Litigation Friends in the Immigration Tribunals – EIN Blog

Posted January 30th, 2025 in immigration, litigation friends, news, tribunals by sally

‘Barrister Adam Pipe explains the role and appointment of litigation friends in the Immigration Tribunals following December’s new Joint Presidential Guidance No. 1 on the appointment of litigation friends in the Upper Tribunal (Immigration and Asylum Chamber) and First-tier Tribunal (Immigration and Asylum Chamber).’

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EIN Blog, 28th January 2025

Source: www.ein.org.uk

Judge dismisses claim by US TV actor that his house was not liable for council tax – Local Government Lawyer

Posted January 30th, 2025 in council tax, jurisdiction, news, rates, striking out, tribunals, valuation by sally

‘The High Court has rejected an attempt by American actor Mercer Boffey to argue that his house in Richmond is not liable for council tax.’

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Local Government Lawyer, 29th January 2025

Source: www.localgovernmentlawyer.co.uk

Parks and interpretation – Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) – Gatehouse Chambers

Posted January 24th, 2025 in appeals, chambers articles, interpretation, news, tribunals by sally

‘It’s time to unwrap Rule 7(6) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (‘the Tribunal Rules’): the Upper Tribunal (‘UT’) has held in Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) that the First-tier Tribunal (‘FTT’) is not entitled under Rule 7(6) to require one party to serve the Tribunal’s directions on another, but must do so itself.’

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Gatehouse Chambers, 11th December 2025

Source: gatehouselaw.co.uk

Parks and interpretation – Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) – Gatehouse Chambers

Posted January 22nd, 2025 in appeals, chambers articles, news, tribunals by sally

‘It’s time to unwrap Rule 7(6) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (‘the Tribunal Rules’): the Upper Tribunal (‘UT’) has held in Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) that the First-tier Tribunal (‘FTT’) is not entitled under Rule 7(6) to require one party to serve the Tribunal’s directions on another, but must do so itself.’

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Gatehouse Chambers, 11th December 2024

Source: gatehouselaw.co.uk

In depth: Class action bandwagon checked – Law Society’s Gazette

Posted January 20th, 2025 in class actions, competition, consumer protection, news, tribunals by tracey

‘This autumn, it will be exactly 10 years since the Consumer Rights Act ushered in a new class action regime by allowing opt-out collective proceedings over infringements of competition law. The landscape has certainly changed: according to the Class Representatives Network, set up in 2023 by former financial ombudsman and high-profile class representative Walter Merricks CBE, 44 claims under the new regime have so far been filed to the Competition Appeal Tribunal (CAT).’

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Law Society's Gazette, 19th January 2025

Source: www.lawgazette.co.uk

Section 84(1) of the Law of Property Act 1925: Jurisdiction and Discretion: Millgate Developments Ltd v Alexander Devine Children’s Cancer Trust – Tanfield Chambers

Posted January 9th, 2025 in building law, chambers articles, jurisdiction, news, tribunals by sally

‘Edward Denehan, a barrister at Tanfield Chambers, discusses the Supreme Court’s ruling in Millgate Developments Ltd v Alexander Devine Children’s Cancer Trust, which clarified the distinction between jurisdictional and discretionary power within the Tribunal’s decision-making process under section 84 of the Law of Property Act 1925.’

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Tanfield Chambers, 2nd December 2024

Source: tanfieldchambers.co.uk

Balancing Open Justice and Privacy: A Case Study on Taxpayer Anonymity in the Upper Tribunal – 33 Bedford Row

‘HMRC v The Taxpayer (Appellant) and Times Media Limtied and News Group Newspapers Limited and PA Media Tax Policy Associates Limited (Third Parties) [2024] UKUT 00364 (TCC). This case concerns an application for taxpayer anonymity in the Upper Tribunal (Tax and Chancery Chamber). The taxpayer, who had initially appealed against HMRC’s denial of certain tax deductions, sought to keep their identity confidential during the proceedings and in the final decision. This request was opposed by HMRC and several media organizations, including Times Media Limited and News Group Newspapers Limited.’

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33 Bedford Row, 22nd November 2024

Source: www.33bedfordrow.co.uk

Tribunal “copied most of ruling” from one side’s submissions – Legal Futures

Posted November 26th, 2024 in evidence, judgments, news, reasons, tribunals, witnesses by tracey

‘A judge has strongly criticised an employment tribunal (ET) that copied most of its reasons from the respondent’s witness evidence or written submissions.’

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Legal Futures, 26th November 2024

Source: www.legalfutures.co.uk

FCA v BlueCrest Capital Management – Blackstone Chambers

Posted November 13th, 2024 in appeals, banking, chambers articles, jurisdiction, news, tribunals by sally

‘The Court of Appeal has today given judgment in a landmark case addressing the scope of the Upper Tribunal’s jurisdiction in financial services cases and the power of the FCA to impose redress requirements on individual firms. The Court allowed the FCA’s appeal and dismissed the Respondent’s cross-appeal.’

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Blackstone Chambers, 2nd October 2024

Source: www.blackstonechambers.com

Improvement or remediation, or both? – Local Government Lawyer

‘Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Council refused permission for appeal of tribunal order requiring it to publish redacted report – Local Government Lawyer

‘Havering Council has been refused permission to appeal a First-tier Tribunal (General Regulatory Chamber) order that it publish a historic self-assessment peer review submitted as part of the Local Government Association’s Race Equality, Accessibility, Diversity, and Inclusion (READI) review.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

Andrii Koshman: Judicial Accountability in the Digital Justice System of Tomorrow – UK Constitutional Law Association

‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality. In fact, it is expressly intended that the majority of civil, family, and tribunal disputes will be settled or resolved online through the Digital Justice System, in accordance with rules specifically developed by the Online Procedure Rule Committee (OPRC) to cover the online pre-action and action space. It is also notable that such a system of various online private and public portals will have a common data architecture based on the open digital standards developed by OPRC. It is not yet known when this system will become operational, but as we approach such a reality, the potential loss of accountability and democratic deficit needs to be addressed as an extremely urgent threat.’

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UK Constitutional Law Association, 3rd October 2024

Source: ukconstitutionallaw.org

Andrii Koshman: Judicial Accountability in the Digital Justice System of Tomorrow – UK Constitutional Law Association

‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality.’

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UK Constitutional Law Association, 3rd October 2024

Source: ukconstitutionallaw.org

The inquisitorial jurisdiction of the First-Tier Tribunal (HESC) – Local Government Lawyer

‘An Upper Tribunal judge has handed down an important ruling on the inquisitorial jurisdiction of the First-tier Tribunal (Health, Education and Social Care Chamber) in relation to EHCPs. Benjamin Harrison sets out the key points.’

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Local Government Lawyer, 18th September 2024

Source: www.localgovernmentlawyer.co.uk