‘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
‘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 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 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
‘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
‘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
‘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
‘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
‘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
‘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
‘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, 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
‘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
‘We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular consideration should have been given to the views of the leaseholders, whether they could be done more cheaply and the financial circumstances of the leaseholders.’
Nearly Legal, 5th February 2017
Source: www.nearlylegal.co.uk
‘Lawyers are helping a child sex grooming gang avoid attempts to deport them by obstructing the courts and “weakening the rule of law”, Britain’s most senior immigration judge has warned.’
Daily Telegraph, 4th February 2017
Source: www.telegraph.co.uk
‘Investigatory powers tribunal finds there was no lawful basis for Cleveland police accessing records in leak inquiry.’
The Guardian, 31st January 2017
Source: www,guardian.co.uk
‘The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement works on the estate (some 10 block of flats).’
Nearly Legal, 29th January 2017
Source: www.nearlylegal.co.uk
‘A dentistry lecturer who had sex in his office has been struck off the General Dental Council register.’
BBC News, 24th January 2017
Source: www.bbc.co.uk
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