‘Ukip is to face a tribunal over its use of analytics during the EU referendum after refusing to cooperate with an investigation by the Information Commissioner’s Office.’
The Guardian, 13th December 2017
Source: www.theguardian.com
‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’
UK Constitutional Law Association, 11th December 2017
Source: ukconstitutionallaw.org
‘The First Tier Tribunal is entitled to rely on an applicant to send its application, but not the FTT’s subsequent decision, to the respondents to that application. Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision to that party.’
Tanfield Chambers, 1st December 2017
Source: www.tanfieldchambers.co.uk
‘Payments to two footballers for early termination of fixed term contracts were taxable as termination payments and not as general earnings, even though the contracts envisaged early termination by mutual consent, the UK’s Upper Tribunal has decided, upholding an early First-Tier tribunal decision.’
OUT-LAW.com, 4th December 2017
Source: www.out-law.com
‘I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.’
UK Constitutional Law Association, 4th December 2017
Source: ukconstitutionallaw.org
‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’
Nearly Legal, 1st December 2017
Source: nearlylegal.co.uk
‘The Solicitors Disciplinary Tribunal (SDT) has criticised both the Solicitors Regulation Authority and two former directors of a Preston law firm for their “careless and disrespectful approach” in applying for approval of an ‘agreed outcome’ only a day before their hearing.’
Legal Futures, 29th November 2017
Source: www.legalfutures.co.uk
‘As all lawyers know, the great case about courts confronting a no-go area for them is the late 1960’s case of Anisminic.’
UK Human Rights Blog, November 2017
Source: ukhumanrightsblog.com
‘The Court of Appeal has held that decisions of the Investigatory Powers Tribunal are immune from judicial review, as a result of the effect of a statutory ‘ouster’ clause in the Regulation of Investigatory Powers Act 2000.’
Blackstone Chambers, 23rd November 2017
Source: www.blackstonechambers.com
‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’
Local Government Lawyer, 22nd November 2017
Source: www.localgovernmentlawyer.co.uk
‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an effective way of controlling development of land indefinitely. However, not all restrictions are worthy of preservation, so the Law of Property Act 1925 contains in section 84 a mechanism for the release of land from restrictive covenants in certain circumstances.’
Law Society's Gazette, 20th November 2017
Source: www.lawgazette.co.uk
‘On 1 November 2017, the Church of England Document Library posted Huntley 2, the Decision and Penalty of the Bishop’s Disciplinary Tribunal for the Diocese of Durham between Mr Andrew Thurston (Complainant) and The Reverend David George Huntley (Respondent). This followed the Tribunal’s earlier Decision, May 2016, and Decision (Appeal) and Order in August 2016, which concerned the same clergyman but on a significantly different matter.’
Law & Religion UK, 15th November 2017
Source: www.lawandreligionuk.com
‘The Solicitors Disciplinary Tribunal (SDT) has made unprecedented public criticism of the Solicitors Regulation Authority over how it presented last week’s decision to fine US law firm Locke Lord a record £500,000.’
Legal Futures, 13th November 2017
Source: www.legalfutures.co.uk
‘The Valuation Tribunal has dismissed an appeal by a student accommodation provider over the application of council tax exemptions to student flats.’
Local Government Lawyer, 25th October 2017
Source: localgovernmentlawyer.co.uk
‘A member of the public has failed in a bid to force Liverpool City Council to disclose the legal advice behind its decision to pay the costs incurred by elected mayor Joe Anderson in an unfair dismissal case.’
Local Government Lawyer, 25th October 2017
Source: localgovernmentlawyer.co.uk
‘The Competition Appeal Tribunal (CAT) has refused solicitor Walter Merricks permission to appeal its decision to deny him a collective proceedings order (CPO) that would allow him bring a £14bn action against Mastercard on behalf of 46m people.’
Litigation Futures, 4th October 2017
Source: www.litigationfutures.com
‘A public consultation on draft rules governing proceedings at the Investigatory Powers Tribunal has been launched today [29 September] by Security Minister Ben Wallace.’
Home Office, 29th September 2017
Source: www.gov.uk
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