Category: tribunals

Clerical abuse of spiritual power and authority: Penalty – Law & Religion UK

Posted March 27th, 2018 in Church of England, clergy, disciplinary procedures, news, penalties, tribunals by tracey

‘Our post on 12 March 2018 reported the announcement by the Diocese of Oxford that a two-year penalty had been imposed on the Revd Timothy Davis, following the recent penalty hearing, Decision of the CDM Tribunal, 8 December 2017, (“the Abingdon case”). The Determination of the penalty has now been published formally by the CofE and in this post we examine aspects of “clerical abuse of spiritual power and authority”, raised in this decision and in the evidence given to the IICSA hearing on the Anglican Church.’

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Law & Religion UK, 26th March 2018

Source: www.lawandreligionuk.com

National law firm fined £20,000 for using client account as banking facility – Legal Futures

Posted March 22nd, 2018 in client accounts, disciplinary procedures, fines, law firms, news, solicitors, tribunals by sally

‘National law firm Laytons has been fined £20,000 by the Solicitors Disciplinary Tribunal (SDT) for using its client account as a banking facility for a European network of law firms, a foreign client and a tax practitioners’ group.’

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Legal Futures, 22nd March 2018

Source: www.legalfutures.co.uk

Tax tribunal rules digital newspapers should be subject to VAT – OUT-LAW.com

Posted March 20th, 2018 in internet, media, news, taxation, tribunals, VAT by sally

‘A UK tax tribunal has ruled that digital versions of daily newspapers should be subject to VAT, unlike printed editions containing the same content.’

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OUT-LAW.com, 19th March 2018

Source: www.out-law.com

‘It was heartbreaking’: Family wins tribunal after special needs pupil excluded – The Guardian

Posted March 20th, 2018 in education, news, school exclusions, special educational needs, tribunals by sally

‘Mother tells of academy that seemed to care more about its behaviour policy than her son’s education’

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The Guardian, 20th March 2018

Source: www.theguardian.com

Solicitor struck off after ‘heinous’ attempt to cover up litigation error – Litigation Futures

Posted March 19th, 2018 in costs, disciplinary procedures, disqualification, news, professional conduct, solicitors, tribunals by sally

‘A solicitor whose corporate client had a summary judgment entered against them because he failed to attend a court hearing, has been struck off after making a false statement denying he knew about it in advance.’

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Litigation Futures, 19th March 2018

Source: www.litigationfutures.com

Challenge to investor-state jurisdiction award successful – OUT-LAW.com

Posted March 12th, 2018 in arbitration, jurisdiction, news, treaties, tribunals by sally

‘A recent ruling has highlighted the willingness and competence of courts to determine a tribunal’s scope of jurisdiction over disputes between investors and nation state governments, an arbitration expert has said.’

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OUT-LAW.com, 12th March 2018

Source: www.out-law.com

Oxfordshire vicar who spiritually abused boy banned from ministry – The Guardian

Posted March 12th, 2018 in child abuse, Church of England, clergy, disqualification, news, tribunals by sally

‘A Church of England vicar has been banned from ministry for two years after being found guilty of spiritually abusing a teenage boy.’

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The Guardian, 11th March 2018

Source: www.theguardian.com

Judicial review or internal appeal against bias? – UK Police Law Blog

Posted March 9th, 2018 in appeals, bias, judicial review, news, police, recusal, tribunals by tracey

‘Where a police officer makes an unsuccessful application for a panel to recuse itself on the grounds of perceived (or actual) bias, can he apply for judicial review of the decision before exhausting his ‘internal’ right of appeal (under rule 4(4)(c) of the Police Appeals Tribunal Rules 2012)?’

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UK Police Law Blog, 9th March 2018

Source: ukpolicelawblog.com

Malnick: section 36 reasonableness and the functus ICO – Panopticon

Posted March 8th, 2018 in appeals, freedom of information, news, tribunals by tracey

‘The Upper Tribunal’s most recent judgment – IC v Malnick and ACOBA (GIA/447/2017) – is a rare thing these days: a binding decision that makes a meaningful and general (rather than fact-specific) contribution to FOIA jurisprudence. In particular, it tells us (1) how to assess the reasonableness of a qualified person’s opinion for section 36 FOIA purposes, and (2) whether the FTT can remit a case to the ICO for a fresh decision if it allows an appeal.’

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Panopticon, 5th March 2018

Source: panopticonblog.com

Homeowners battle freeholder over £20,000 ‘Grenfell bill’ – Daily Telegraph

Posted March 5th, 2018 in housing, landlord & tenant, London, news, repairs, service charges, tribunals by tracey

‘Residents of a luxury north London apartment block are battling their freeholder over who should pay a multi-million-pound bill to replace dangerous Grenfell-style cladding, and for the wages of fire marshals.’

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Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Solicitor who lied about property during own divorce is struck off – Legal Futures

Posted February 22nd, 2018 in disciplinary procedures, disqualification, divorce, news, solicitors, tribunals by sally

‘A partner in a South Yorkshire law firm who failed to disclose on the financial statement for his own divorce proceedings ownership of a second property has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 21st February 2018

Source: www.legalfutures.co.uk

Not so fast-track! Holding a standard misconduct hearing after a quashed fast-track decision – UK Police Law Blog

Posted February 21st, 2018 in appeals, misfeasance in public office, news, police, tribunals by tracey

‘Where an officer is dismissed at a fast-track hearing, based upon a conviction which is then subsequently overturned, a Police Appeals Tribunal (“PAT”) will likely allow the misconduct appeal. In such circumstances, there has been no finding on the merits in misconduct proceedings to prevent the officer from facing a subsequent standard-track hearing. So said the Court of Appeal in CC Nottinghamshire v R (Gray) [2018] EWCA Civ 34.’

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UK Police Law Blog, 13th February 2018

Source: ukpolicelawblog.com

SDT issues mental health warning to employers in case of solicitor under billing pressure – Legal Futures

Posted January 10th, 2018 in forgery, mental health, news, professional conduct, solicitors, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) has decided against striking off a solicitor it found had forged correspondence and lied to both her client and her employer, after finding that a root cause of her misconduct was the firm’s culture and the pressure it exerted on her to meet billing targets.’

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Legal Futures, 10th January 2018

Source: www.legalfutures.co.uk

Ryan v Villarosa [2017] UKUT 466 (LC) – Tanfield Chambers

Posted January 9th, 2018 in landlord & tenant, leases, news, repairs, tribunals by sally

‘In a conflict between a clear scheme of covenants and complimentary service charge machinery, and ambiguous declarations as to the relationship between one of the parties to the lease and a third party, (both contained in the same lease) the scheme takes precedence and is binding on the parties – coherence trumps uncertainty where provisions are in conflict.’

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Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

Westmark (Lettings) Limited v Peddle & Ors [2017] UKUT 449 (LC) – Tanfield Chambers

Posted January 9th, 2018 in appeals, costs, landlord & tenant, news, service charges, tribunals by sally

‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’

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Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

SDT orders solicitor who failed to overturn £2,000 fine to pay £54,000 in costs – Legal Futures

Posted January 9th, 2018 in costs, disciplinary procedures, fines, news, solicitors, Solicitors Regulation Authority, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) has ordered a solicitor who tried to overturn a fine of £2,000 from the Solicitors Regulation Authority (SRA) to pay £54,000 in costs following her unsuccessful appeal.’

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Legal Futuresm 9th January 2018

Source: www.legalfutures.co.uk

Clerical abuse of spiritual power and authority – Law & Religion UK

Posted January 9th, 2018 in Church of England, clergy, disciplinary procedures, news, tribunals by sally

‘On Monday 8th January, the Church of England reported the findings of the Bishop’s Disciplinary Tribunal for the Diocese of Oxford in the matter of a complaint under the Clergy Discipline Measure 2003 against The Reverend Timothy Davis, Vicar of Christ Church Abingdon, (‘TD’), in respect of the mentoring he provided to a 15/16 year old schoolboy (‘W1’) whose family were members of his congregation. The BBC reports that Church of England officials believed that this was the first occasion on which a tribunal had convicted a priest of spiritual abuse.’

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Law & Religion UK, 9th January 2018

Source: www.lawandreligionuk.com

Abingdon vicar guilty of ‘spiritually abusing’ boy – BBC News

Posted January 9th, 2018 in Church of England, clergy, disciplinary procedures, news, tribunals by sally

‘A Church of England vicar has been convicted by a tribunal of spiritually abusing a teenage boy.’

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BBC News, 8th January 2018

Source: www.bbc.co.uk

Tribunal unimpressed by Mastercard’s “wholly unreasonable” costs in Merricks case – Litigation Futures

Posted January 4th, 2018 in appeals, class actions, competition, consumer credit, costs, news, tribunals by sally

‘The costs incurred by Mastercard in defending an attempt to bring one of the largest class actions ever appear “wholly unreasonable and disproportionate”, the Competition Appeal Tribunal (CAT) has found.’

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Litigation Futures, 2nd January 2018

Source: www.litigationfutures.com

Tribunal rules against total secrecy over UK drone strikes – The Guardian

Posted January 4th, 2018 in aircraft, disclosure, freedom of information, intelligence services, news, public interest, tribunals by sally

‘The government’s power to block requests for information on national security grounds has been significantly curtailed by a tribunal ruling over targeted killings of British jihadists abroad.’

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The Guardian, 4th January 2018

Source: www.theguardian.com