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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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).’

Full Story

Legal Futures, 25th June 2019

Source: www.legalfutures.co.uk