‘The longest and most expensive case brought in the history of the Solicitors Disciplinary Tribunal (SDT) has ended with high-profile claimant lawyer Martyn Day, two of his colleagues and his firm Leigh Day fully exonerated.’
Legal Futures, 9th June 2017
Source: www.legalfutures.co.uk
General Medical Council v Jagjivan and another [2017] EWHC 1247 (Admin)
‘Where, at the conclusion of a hearing by the Medical Practitioners Tribunal, a direction under section 35D of the Medical Act 1983 has not been given, on the ordinary wording of section 40A(1)(d) of the Act the tribunal has made a decision not to give a direction under section 35D. Accordingly, where the tribunal has made such a decision, the General Medical Council has jurisdiction to appeal, pursuant to section 40A, against that decision. The words “after determining that the person’s fitness to practise is impaired” are not present at the end of section 40A(1)(d) and do not require to be read into that subsection. Moreover, it would be anomalous if the General Medical Council’s right of appeal were confined to cases where the tribunal had made a finding of impairment or imposed some sanction, and no regard could be had to an erroneous failure by the tribunal to find an impairment of fitness to practise (paras 27, 32).’
WLR Daily, 26th May 2017
Source: www.iclr.co.uk
‘EU judges may be asked to decide whether the intelligence services’ bulk collection of email data in order to prevent terrorist attacks is legal.’
The Guardian, 5th June 2017
Source: www.theguardian.com
‘The president of the Competition Appeal Tribunal (CAT) has reproached the Law Society for a “deeply unimpressive” explanation of its failure to disclose all the documents it should have done in the Socrates case.’
Legal Futures, 7th June 2017
Source: www.legalfutures.co.uk
‘A solicitor has been fined £7,500 for making false claims about being in possession of documents in personal injury cases – misconduct which a psychiatrist attributed to an illness that temporarily affected her ability to work.’
Litigation Futures, 7th June 2017
Source: www.litigationfutures.com
‘The UK’s first ‘opt-out’ class action claim has been withdrawn on the basis that its costs would outweigh the potential damages available.’
OUT-LAW.com, 5th June 2017
Source: www.out-law.com
‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’
Free Movement 5th June 2017
Source: www.freemovement.org.uk
‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’
Litigation Futures, 5th June 2017
Source: www.litigationfutures.com
‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’
Free Movement, 5th June 2017
Source: www.freemovement.org.uk
‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’
Legal Futures, 5th June 2017
Source: www.legalfutures.co.uk
‘A Romanian nurse hired after being interviewed via Skype put patients’ health at risk because his English was so bad, a tribunal has heard.’
Daily Telegraph, 2nd June 2017
Source: www.telegraph.co.uk
‘Can an employee claim direct or indirect discrimination on grounds of religion because she feels that her employer’s behaviour is inconsistent with what she understands to be “the Christian way of life”? That was one of the issues raised in Miss M Keens-Betts v The Anthony Gregg Partnership Ltd [2017] UKET 2208102/2016.’
Law & Religion UK, 1st June 2017
Source: www.lawandreligionuk.com
‘The Law Society abused its dominant position by requiring over 3,000 law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation, the Competition Appeal Tribunal (CAT) has ruled.’
Legal Futures, 26th May 2017
Source: www.legalfutures.co.uk
‘This was an appeal to the UT on various issue arising from an FTT decision. We will not dwell on the issue of specific charges not being consulted on under s.20, but not – as the UT found, overturning the FTT – subject to a Qualifying Long Term Agreement, because the more general point concerned the landlord having put some £11,000 of legal costs on the drawn out service charge disputes through on the service charge (not, we should note, as an administrative charge).’
Nearly Legal, 28th May 2017
Source: nearlylegal.co.uk
‘A mere three years ago, the FTT held that the Ministerial Diary of Andrew Lansley was relevantly held under FOIA and was not exempt under section 35(1)(b). Now the Court of Appeal has held, in Department of Health v Information Commissioner & Lewis [2017] EWCA Civ 374, that the FTT made no error. The fact that no-one can now remember who Andrew Lansley was (now Lord Lansley CBE thank you) or why anyone would care, is by-the-by.’
Panopticon, 25th May 2017
Source: www.panopticonblog.com
‘A recent decision from the High Court in Chief Constable of Thames Valley v Police Misconduct Panel [2017] EWHC 923 (Admin) says that misconduct panels can now be judicially reviewed by Chief Constables – but gives rise to a number of new and potentially awkward questions.’
UK Police Law Blog, 22nd May 2017
Source: www.ukpolicelawblog.com
‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’
Free Movement, 19th May 2017
Source: www.freemovement.org.uk
‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’
Free Movement, 22nd May 2017
Source: www.freemovement.org.uk
‘A First-Tier Tribunal has refused a call from a retired solicitor to order a county council to disclose counsel’s opinion.’
Local Government Lawyer, 15th May 2017
Source: www.localgovernmentlawyer.co.uk
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