Tribunal berates “careless and disrespectful approach” of SRA and solicitors it was prosecuting – Legal Futures

‘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.’

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Legal Futures, 29th November 2017

Source: www.legalfutures.co.uk

Can you draw a line between this case and Anisminic? – UK Human Rights Blog

Posted November 28th, 2017 in appeals, investigatory powers, news, privacy, tribunals by sally

‘As all lawyers know, the great case about courts confronting a no-go area for them is the late 1960’s case of Anisminic.’

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UK Human Rights Blog, November 2017

Source: ukhumanrightsblog.com

Privacy International v Investigatory Powers Tribunal – Blackstone Chambers

Posted November 23rd, 2017 in appeals, investigatory powers, news, privacy, tribunals by sally

‘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.’

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Blackstone Chambers, 23rd November 2017

Source: www.blackstonechambers.com

Tribunal rejects call for disclosure of legal advice on amusement park project – Local Government Lawyer

Posted November 23rd, 2017 in compulsory purchase, disclosure, local government, news, privilege, tribunals by sally

‘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.’

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Local Government Lawyer, 22nd November 2017

Source: www.localgovernmentlawyer.co.uk

Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers

‘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.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Commercial property: Restrictive covenants – Law Society’s Gazette

Posted November 22nd, 2017 in insurance, local government, London, news, planning, restrictive covenants, tribunals by sally

‘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.’

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Law Society's Gazette, 20th November 2017

Source: www.lawgazette.co.uk

CDM Decision and Penalty: Re Huntley (2) – Law & Religion UK

Posted November 15th, 2017 in Church of England, clergy, disciplinary procedures, fraud, insurance, news, tribunals by sally

‘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.’

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Law & Religion UK, 15th November 2017

Source: www.lawandreligionuk.com

SDT issues unprecedented rebuke of SRA over Locke Lord case comments – Legal Futures

Posted November 13th, 2017 in fines, law firms, media, news, privacy, Solicitors Regulation Authority, tribunals by sally

‘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.’

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Legal Futures, 13th November 2017

Source: www.legalfutures.co.uk

Local authority wins tribunal case over student accommodation and council tax – Local Government Lawyer

‘The Valuation Tribunal has dismissed an appeal by a student accommodation provider over the application of council tax exemptions to student flats.’

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Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

Tribunal refuses to force council to disclose legal advice over costs of employment case involving mayor – Local Government Lawyer

Posted October 25th, 2017 in costs, disclosure, indemnities, local government, news, privilege, tribunals by michael

‘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.’

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Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

Competition Appeal Tribunal decision to refuse biggest-ever class action “not susceptible to appeal” – Litigation Futures

Posted October 5th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by sally

‘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.’

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Litigation Futures, 4th October 2017

Source: www.litigationfutures.com

Consultation launched into new right of appeal at Investigatory Powers Tribunal – Home Office

Posted October 3rd, 2017 in appeals, consultations, investigatory powers, news, tribunals by sally

‘A public consultation on draft rules governing proceedings at the Investigatory Powers Tribunal has been launched today [29 September] by Security Minister Ben Wallace.’

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Home Office, 29th September 2017

Source: www.gov.uk

Legal Services Board told not to force lower disciplinary standard of proof “through the back door” – Legal Futures

‘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.’

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Legal Futures, 29th September 2017

Source: www.legalfutures.co.uk

Council agrees to review 500+ benefit applications after tribunal appeal delays – Local Government Lawyer

Posted September 28th, 2017 in appeals, benefits, delay, news, social security, tribunals by sally

‘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.’

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Local Government Lawyer, 27th September 2017

Source: www.localgovernmentlawyer.co.uk

SDT finally publishes Leigh Day judgment – Law Society’s Gazette

‘The Solicitors Disciplinary Tribunal today published the long-awaited judgment on human rights firm Leigh Day and three of its lawyers.’

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Law Society's Gazette, 26th September 2017

Source: www.lawgazette.co.uk

Software tools can benefit from VAT exemption, rules UK Tribunal – OUT-LAW.com

Posted September 19th, 2017 in computer programs, EC law, news, tribunals, VAT by sally

‘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.’

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OUT-LAW.com, 18th September 2017

Source: www.out-law.com

Council wins test appeal case against lettings agency ‘administration fees’ – Local Government Lawyer

Posted September 19th, 2017 in appeals, fees, landlord & tenant, local government, news, tribunals by sally

‘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.’

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Local Government Lawyer, 18th September 2017

Source: localgovernmentlawyer.co.uk

Law firm faces £68,000 VAT bill after tribunal rules electronic property search fees are not disbursements – Legal Futures

‘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.’

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Legal Futures, 18th September 2017

Source: www.legalfutures.co.uk

Judges order fresh hearing in row over damage caused by protected tree – Local Government Lawyer

Posted September 13th, 2017 in appeals, compensation, local government, news, trees, tribunals by sally

‘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.’

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Local Government Lawyer, 13th September 2017

Source: localgovernmentlawyer.co.uk