tribunals – Page 19 – Current Awareness

Somebody else’s money – Nearly Legal

Posted April 11th, 2017 in appeals, housing, landlord & tenant, leases, local government, news, set-off, third parties, tribunals by sally

‘Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council carried out city wide major works, which included works on the Lansdown Estate. Some of the works were eligible for a contribution from a commercial energy company as part of the Community Energy Savings Programme (“CESP”). In total 15 of the 25 blocks on the Lansdowne Estate were eligible to receive CESP funding. The contribution to Ms Oliver’s block was £43,570.44. The Council decided not to pass the CESP directly to the leaseholders as a set off against their service charge contributions. Rather, the Council decided to attribute the money to the funding of works to its city-wide housing stock. The effect of this was that every leaseholder’s service charge was reduced irrespective of whether their block had been entitled to CESP funding.’

Nearly Legal, 10th April 2017

Source: www.nearlylegal.co.uk

Collective Proceedings in the CAT: mobility scooters roll on for now – Competition Bulletin from Blackstone Chambers

Posted April 10th, 2017 in adjournment, agreements, class actions, competition, consumer protection, judgments, news, retrospectivity, tribunals by sally

‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’

Competition Bulletin from Blackstone Chambers, 6th April 2017

Source: www.competitionbulletin.com

The Calumny of Bankers: Who’d be a Senior Manager now? – Littleton Chambers

Posted April 6th, 2017 in appeals, banking, enforcement, financial regulation, news, notification, Supreme Court, tribunals by sally

‘In 1494 Botticelli completed painting “the Calumny of Apelles.” It depicts an innocent painter, Apelles, who has been wrongly accused of capital crimes, dragged before the King’s throne by personifications of Slander, Ignorance, Suspicion and Envy. It hangs in the Uffizi today and is thought to have been commissioned by a Florentine banker. In the story Apelles is pardoned from death at the last minute when a third party tells the king that he could not possibly have committed the offence, but the painting captures the moment when Apelles seems inevitably about to meet a sticky end, surrounded and almost entirely enveloped by Slander, Ignorance and Suspicion. Was this commissioned by a worried banker, concerned that he might meet his professional end without the ability to put the record straight or see the underlying disclosure? In Renaissance Florence this is unlikely but it does seem to reflect (at least some) of the anxieties of those who work in regulated professions today, that they may be hampered from obtaining future employment because of their previous employer’s interactions with a regulator.’

Littleton Chambers, 3rd April 2017

Source: www.littletonchambers.com

Dove v Havering LBC – Arden Chambers

Posted April 6th, 2017 in adjournment, appeals, housing, landlord & tenant, local government, news, social services, tribunals by sally

‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’

Arden Chambers, 16th March 2017

Source: www.ardenchambers.com

Whose Rights are they anyway? Supreme Court gives judgment in FCA v Macris – Blackstone Chambers

Posted April 6th, 2017 in appeals, enforcement, financial regulation, human rights, news, notification, Supreme Court, third parties, tribunals by sally

‘Criticism can hurt. Public criticism by a regulator taking enforcement action can hurt more. The law has long sought to ensure that those potentially subject to criticism have an opportunity to answer what is said against them.’

Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

Tribunal fees ‘barrier to justice’, rights committee says – Law Society’s Gazette

Posted April 6th, 2017 in employment tribunals, fees, human rights, news, reports, select committees, tribunals by tracey

‘Employment tribunal fees create impunity to bosses abusing human rights, parliamentarians have said, accusing the Ministry of Justice of complacency on some of the barriers faced by people seeking access to justice.’

Law Society’s Gazette, 6th April 2017

Source: www.lawgazette.co.uk

Primeview Developments Ltd v Ahmed – Arden Chambers

Posted April 6th, 2017 in agreements, civil procedure rules, landlord & tenant, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has held that it is was not unreasonable conduct for the purposes of r.13(1)(b), Tribunal Procedure Rules, for a landlord to seek to rely on an agreement that service charges were payable, even if that agreement was subsequently determined to be void. Nor did the landlord’s failure to mediate amount to unreasonable conduct in circumstances where the prospects of a reaching an agreement were slight and the costs of mediation likely to be disproportionate. It also held that orders pursuant to s.20C, Landlord and Tenant Act 1985, should not treat participating leaseholders differently from one another on the basis of their involvement in proceedings. The focus should be on the landlord’s degree of success regardless of each individual leaseholder’s involvement.’

Arden Chambers, 3rd March 2017

Source: www.ardenchambers.com

Competition tribunal rejects bid to throw out first opt-out class action application – Litigation Futures

Posted April 5th, 2017 in adjournment, budgets, class actions, compensation, competition, damages, EC law, human rights, news, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure.’

Litigation Futures, 5th April 2017

Source: www.litigationfutures.com

Jehovah’s Witnesses congregation’s efforts to block inquiry squashed – The Guardian

Posted April 5th, 2017 in charities, Charity Commission, child abuse, Christianity, human rights, inquiries, news, religious discrimination, sexual offences, tribunals, victims by sally

‘A Jehovah’s Witnesses congregation in Manchester has lost a legal attempt to block an investigation into its handling of sexual abuse allegations, after failing to convince a judge that the inquiry amounted to religious discrimination.’

The Guardian, 4th April 2017

Source: www.guardian.co.uk

K2: right to a private and family life no bar to deprivation of citizenship – Free Movement

Posted March 21st, 2017 in appeals, citizenship, human rights, immigration, news, tribunals by tracey

‘K2 v the United Kingdom (Application No 42387/13). The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been the subject of debate where its use has rendered a person stateless following a series cases in the higher courts (see, for instance, here and here). But what arguments can be used to prevent the deprivation of citizenship where the person remains a citizen of a foreign country?’

Free Movement, 201th March 2017

Source: www.freemovement.org.uk

NHS whistleblowers will get compensation if blacklisted by health service – Daily Telegraph

Posted March 20th, 2017 in compensation, employment, health, news, tribunals, whistleblowers by tracey

‘NHS whistleblowers will be entitled to compensation if they are stopped from getting new jobs in the health service because of their disclosures, the government will announce.’

Daily Telegraph, 20th March 2017

Source: www.telegraph.co.uk

Rape, incest and damage: but who is the real victim? – UK Human Rights Blog

Posted March 16th, 2017 in appeals, birth, criminal injuries compensation, damages, disabled persons, incest, news, rape, tribunals, victims by tracey

‘Criminal Injuries Compensation Authority v First Tier Tribunal (Social entitlement Chamber) and Y by his mother and Litigation Friend.’ The predictability of genetic disorders continues to challenge existing law. Here, the Court of Appeal had to consider whether a child born as a result of incestuous rape could claim compensation under the Criminal Injuries Compensation Scheme (CICS) for his congenital disabilities. These were 50% predictable as a result of the nature of his conception, as opposed to 2-3% in the general population.’

UK Human Rights Blog, 15th March 2017

Source: www.ukhumanrightsblog.com

Class certification hearings – Law Society’s Gazette

Posted March 6th, 2017 in class actions, competition, damages, news, third parties, tribunals by sally

‘After a wait of more than a year from the introduction of class actions in the UK, there were two class certification hearings before the UK’s Competition Appeal Tribunal (CAT) in just over a month. Although in each case the CAT has yet to hand down its certification decision, the hearings have given some clear signals about how the CAT sees the regime.’

Law Society’s Gazette, 6th March 2017

Source: www.lawgazette.co.uk

Inside Britain’s sharia councils: hardline and anti-women – or a dignified way to divorce? – The Guardian

Posted March 2nd, 2017 in divorce, islamic law, news, tribunals, women by sally

‘Sharia councils say they offer Muslim women a way out of religious marriage but critics argue this parallel legal system can leave vulnerable people trapped in abuse. Here is a rare look behind the scenes.’

The Guardian, 1st March 2017

Source: www.guardian.co.uk

Lessons in understanding: Unfairness and Estoppel by Convention in the Upper Tribunal – Hardwicke Chambers

Posted February 22nd, 2017 in estoppel, leases, news, service charges, tribunals by sally

‘Towards the end of last year, the Upper Tribunal (“UT”) handed down decisions in two cases involving estoppel by convention:

Admiralty Park Management Ltd v Ojo [2016] UKUT 0421 (LC) 8 September 2016 (“Ojo”); and

Bucklitsch and anor v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC) 13 December 2016 (“Bucklitsch”).’

Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

Online court “visible by September and no big bang”, top judge reveals – Legal Futures

Posted February 22nd, 2017 in civil justice, computer programs, courts, electronic filing, internet, judges, news, tribunals by sally

‘The first signs of an online court (OC) will be visible in tribunals by September, online processes will be extended to a wide range of civil court proceedings by May 2020, and the reforms will be incremental, according to one of the judges in charge.’

Legal Futures, 22nd February 2017

Source: www.legalfutures.co.uk

Jetha v Basildon Court Residents Company Ltd – Arden Chambers

Posted February 22nd, 2017 in appeals, covenants, estoppel, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’

Arden Chambers, 16th February 2017

Source: www.ardenchambers.com

Waaler v Hounslow LBC – Arden Chambers

Posted February 21st, 2017 in appeals, leases, local government, news, service charges, tribunals by sally

‘The Court of Appeal has held that whether service charge costs are reasonably incurred, for the purposes of Landlord and Tenant Act 1985, s.19, is to be determined by reference to an objective standard of reasonableness rather than applying public law principles of rationality. A tribunal should not, however, impose its own decision where a landlord has adopted a course of action which led to a reasonable outcome, even if there was a cheaper outcome which was also reasonable.’

Arden Chambers, 2nd February 2017

Source: www.ardenchambers.com

Ian Brady begins ‘unique’ High Court fight over tribunal lawyer – Daily Telegraph

Posted February 14th, 2017 in legal aid, legal representation, mental health, news, prisons, tribunals by sally

‘Ian Brady, the Moors murderer, is launching a “totally unique” High Court fight for the right to have the lawyer of his choice representing him at a tribunal.’

Daily Telegraph, 14th February 2017

Source: www.telegraph.co.uk

Service charges, contracts, social housing and subsidies – Nearly Legal

Posted February 13th, 2017 in costs, landlord & tenant, leases, local government, news, service charges, tribunals by sally

‘An interesting question. To what extent, if at all, can leaseholders’ service charges be set at a level to ‘subsidise’ a shortfall as against actual maintenance costs in service charges recoverable from social tenants in flats provided under a section 106 agreement.’

Nearly Legal, 12th February 2017

Source: www.nearlylegal.co.uk

«
1
…
14
15
16
17
18
19
20
21
22
23
24
…
52
»

Categories

Archives