‘The Legal Services Board (LSB) has been warned against trying to force the introduction of the civil standard of proof in the Solicitors Disciplinary Tribunal (SDT) without proper consultation.’
Legal Futures, 29th September 2017
Source: www.legalfutures.co.uk
‘A city council has agreed to review more than 500 benefit applications after the Local Government and Social Care Ombudsman found delays in its appeals process.’
Local Government Lawyer, 27th September 2017
Source: www.localgovernmentlawyer.co.uk
‘The Solicitors Disciplinary Tribunal today published the long-awaited judgment on human rights firm Leigh Day and three of its lawyers.’
Law Society's Gazette, 26th September 2017
Source: www.lawgazette.co.uk
‘A software tool can qualify for a VAT exemption, the UK’s First Tier Tribunal has ruled, rejecting arguments from HMRC that the provision of IT tools cannot benefit from an exemption in the EU VAT Directive.’
OUT-LAW.com, 18th September 2017
Source: www.out-law.com
‘Camden Council has successfully appealed to the Upper Tribunal against a leading estate agency, Foxtons, using the term “administration fees” in their lettings agency work.’
Local Government Lawyer, 18th September 2017
Source: localgovernmentlawyer.co.uk
‘A leading north-west law firm has been ordered to pay £68,000 in VAT for electronic local authority property searches it procured from an agency, after a tribunal ruled that they should not have been treated as disbursements.’
Legal Futures, 18th September 2017
Source: www.legalfutures.co.uk
‘The Upper Tribunal (Lands Chamber) must reconsider a case in which it awarded compensation of £25,000 against South Gloucestershire Council over damage caused by an oak made subject to a tree preservation order (TPO), the Court of Appeal has ruled.’
Local Government Lawyer, 13th September 2017
Source: localgovernmentlawyer.co.uk
‘The Solicitors Regulation Authority (SRA) should reconsider the advice it gives to solicitors who enter into sexual relationships with clients, a tribunal has said as it fined one £8,500 for the conflict of interest such a relationship caused.’
Legal Futures, 4th September 2017
Source: www.legalfutures.co.uk
‘The mother of a vulnerable teenager who suffered a seizure and drowned in a bath at an NHS care unit has called for an overhaul of medical tribunals, saying she felt “retraumatised” after participating in a two-week hearing into her son’s death.’
The Guardian, 29th August 2017
Source: www.theguardian.com
‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.
Blackstone Chambers, 7th August 2017
Source: www.blackstonechambers.com
‘The Upper Tribunal upheld the First Tier Tribunal’s decision that units of accommodation designed for students were ‘dwellings’, but overturned the decision that such units were ‘separate dwellings’. As such, the FTT did not have jurisdiction to determine the amount of service charges payable by the units’ leaseholders under sections 18 to 30 of the Landlord and Tenant Act 1985.’
Tanfield Chambers, 31st July 2017
Source: www.tanfieldchambers.co.uk
‘On 21 July, the Competition Appeal Tribunal (CAT) issued its decision dismissing an application for a collective proceedings order (“CPO”) in the MasterCard litigation (Walter Merricks v MasterCard Inc & ors [2017] CAT 16). It is a decision whose significance goes beyond the fact that it is a further illustration of the difficulties of advancing opt-out class actions. It remains the case that, despite nearly two years having elapsed since implementation of schedule 8 of the Consumer Rights Act 2015, no CPO has been made, nor is one likely to be made at any time soon. Whilst the decision is subject to Mr Merricks’ right of appeal, this alerter briefly considers the implications for the management of class actions. In very broad terms, the decision underlines the requirements of a high level of precision and a sound and principled evidential basis in relation to: (1) the definition of the class; (2) the calculation of aggregate class damages; (3) the means for distributing damages within the class; and (4) the elements of a funding agreement.’
Henderson Chambers, 25th July 2017
Source: www.hendersonchambers.co.uk
‘A record-breaking £14bn collective action against Mastercard is set to rumble on after the former ombudsman who brought the case on behalf of 46 million consumers seeks to appeal last month’s Competition Appeal Tribunal ruling.’
Law Society's Gazette, 14th August 2017
Source: www.lawgazette.co.uk
‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.’
Competition Bulletin, 4th August 2017
Source: competitionbulletin.com
‘The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled.’
The Guardian, 4th August 2017
Source: www.theguardian.com
‘The Solicitors Disciplinary Tribunal has approved a fine of £250,000 on international firm White & Case for failures over conflict of interest and client confidentiality. The penalty is the biggest ever issued against a single firm at the tribunal and followed an investigation by the Solicitors Regulation Authority.’
Law Society's Gazette, 19th July 2017
Source: www.lawgazette.co.uk
‘Leases generally require leaseholders to contribute to insurance of their block – whether by including the cost in the general service charges or by way of a separate charge known as an “insurance rent”.’
Tanfield Chambers, 22nd June 2017
Source: www.tanfieldchambers.co.uk
‘The Upper Tribunal (Lands Chamber) has held that, in determining whether a person is eligible to apply for a new tenancy on retirement of a tenant under the Agricultural Holdings Act 1986, the livelihood condition need only be satisfied in the 7 year period running up to the date when the retirement notice was given, and not in the 7 year period preceding the determination of the application by the Tribunal.’
Tanfield Chambers, 4th July 2017
Source: www.tanfieldchambers.co.uk
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