tribunals – Page 24 – Current Awareness

Tribunal “appalled and dismayed” by SRA’s approach to prosecuting solicitor – Legal Futures

Posted May 6th, 2016 in accounts, disciplinary procedures, news, solicitors, tribunals by tracey

‘The Solicitors Disciplinary Tribunal (SDT) has slammed a prosecution by the Solicitors Regulation Authority (SRA) in the strongest terms, saying it was “appalled and dismayed” that the regulator had asked it to “rubber stamp” a deal which saw charges of dishonesty dropped at the last minute after the solicitor involved admitted lesser allegations.’

Legal Futures, 6th May 2016

Source: www.legalfutures.co.uk

Asylum court fee hike makes access to justice a “luxury” for the few – The Bar Council

Posted April 28th, 2016 in asylum, barristers, civil justice, fees, immigration, press releases, tribunals by tracey

‘Plans put forward by the Ministry of Justice yesterday to increase fees for those seeking justice through the Immigration and Asylum tribunal system by 500% is yet another step towards putting access to justice beyond the means of those who most need it, warns the Bar Council.’

Full press release

The Bar Council, 28th April 2016

Source: www.barcouncil.org.uk

Immigration tribunal can appoint litigation friend despite no provision in the rules – Free Movement

Posted April 27th, 2016 in immigration, legal representation, litigation friends, news, practice directions, tribunals by sally

‘In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there is no provision to do so in the procedure rules, nor indeed in the statutory underpinnings of the tribunal.’

Free Movement, 27th April 2016

Source: www.freemovement.org.uk

Location, Location, Registration – Tanfield Chambers

Posted April 26th, 2016 in boundaries, land registration, news, tribunals by sally

‘Two recent cases of the Upper Tribunal indicate clear differences in judicial opinion as to the jurisdiction of the Land Registration Division of the First Tier Tribunal (1) to make general findings as to the location of boundaries of registered titles and (2) to direct the Registrar to make entries in the Register reflecting those findings when those findings do not reflect an application that has been made for registration of a determined boundary.’

Tanfield Chambers, 21st April 2016

Source: www.tanfieldchambers.co.uk

VAT and service charges: indivisible or not indivisible-is that the question? – Tanfield Chambers

Posted April 26th, 2016 in appeals, landlord & tenant, news, service charges, tribunals, VAT by sally

‘This article gives consideration of the decision of the Upper Tribunal (Lands Chamber) in Janine Ingram v Church Commissioners for England [2015] UKUT.’

Tanfield Chambers, 26th April 2016

Source: www.tanfieldchambers.co.uk

Asylum and immigration court fees set to rise by over 500% – The Guardian

Posted April 25th, 2016 in appeals, asylum, budgets, children, consultations, costs, deportation, domestic violence, fees, immigration, legal aid, news, probate, sexual offences, statistics, time limits, tribunals by sally

‘Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.’

The Guardian, 21st April 2016

Source: www.guardian.co.uk

Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination – Free Movement

Posted April 25th, 2016 in appeals, deportation, detention, education, examinations, fraud, immigration, news, practice directions, tribunals by sally

‘President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office evidence suffered from “multiple frailties and shortcomings” and that the two witnesses produced by the Home Office were unimpressive. In short, the Home Office failed by a significant margin to prove the alleged fraud.’

Free Movement, 25th April 2016

Source: www.freemovement.org.uk

UK spy agencies have collected bulk personal data since 1990s, files show – The Guardian

Posted April 21st, 2016 in complaints, data protection, electronic mail, intelligence services, interception, internet, news, passports, privacy, telecommunications, tribunals by tracey

‘Britain’s intelligence agencies have been secretly collecting bulk personal data since the late 1990s and privately admit they have gathered information on people who are “unlikely to be of intelligence or security interest”.’

The Guardian, 21st April 2016

Source: www.guardian.co.uk

Judge concerned at council tax enforcement and Valuation Tribunal appeals uncertainty – Local Government Lawyer

Posted April 20th, 2016 in bankruptcy, council tax, enforcement, news, tribunals, valuation by sally

‘A High Court judge has expressed concern at “the substantial degree of uncertainty that exists” in relation to how the courts, both magistrates and the bankruptcy county court, should deal with the enforcement of domestic council tax liability orders in the context of the availability of the remedy by way of appeal to the Valuation Tribunal.’

Local Government Lawyer, 19th April 2016

Source: www.localgovernmentlawyer.co.uk

Third ‘fast track’ abuse of dominant position claim filed with Competition Appeal Tribunal – OUT-LAW.com

Posted April 19th, 2016 in appeals, competition, Law Society, news, tribunals by sally

‘A third claim alleging anti-competitive behaviour using a new ‘fast track’ procedure has been filed with the Competition Appeal Tribunal (CAT), showing a “pattern” of such cases beginning to emerge, an expert has said.’

OUT-LAW.com, 14th April 2016

Source: www.out-law.com

Theresa May barred from deporting six men to Algeria over torture concerns – The Independent

Posted April 19th, 2016 in appeals, deportation, human rights, immigration, news, proscribed organisations, terrorism, torture, tribunals by sally

‘The Government has been barred from deporting six men to Algeria because there is a “real risk” they could be tortured there, judges have ruled.’

The Independent, 18th April 2016

Source: www.independent.co.uk

The Equality Act and Regulators – Which Forum? – Littleton Chambers

Posted April 14th, 2016 in appeals, courts, doctors, employment tribunals, equality, news, tribunals by sally

‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’

Littleton Chambers, 24th March 2016

Source: www.littletonchambers.com

Susskind: online court is just the beginning – Law Society’s Gazette

Posted April 11th, 2016 in civil justice, courts, dispute resolution, electronic filing, family courts, internet, legal profession, legal representation, litigants in person, news, tribunals by tracey

‘The proposed online court is a “pragmatic first step” on the road to a fully integrated online and conventional court service, an influential body has predicted. Professor Richard Susskind (pictured), who leads a panel of experts on digital dispute resolution, said proposals by Lord Justice Briggs for an online court for small claims were to be welcomed.’

Law Society’s Gazette, 9th April 2016

Source: www.lawgazette.co.uk

The Duke and Duchy of Cornwall and the EIRs – Panopticon

Posted April 7th, 2016 in appeals, environmental protection, freedom of information, news, regulations, royal family, tribunals by sally

‘The Duchy of Cornwall was established by Edward III in 1337 for his son. There is a landed estate (the Duchy) and a title (the Duke). Edward III was no doubt unconcerned about any legal duties that may attach to the Duchy; he had bigger fish to fry. In the 21st century, however, at least one knotty question of legal duty has surfaced.’

Panopticon, 5th April 2016

Source: www.panopticonblog.com

MoJ wins privilege battle over PowerPoint slides prepared by counsel for training session – Legal Futures

Posted April 7th, 2016 in disclosure, documents, freedom of information, Ministry of Justice, news, privilege, tribunals by sally

‘PowerPoint slides prepared by external counsel for training at the Ministry of Justice were subject to legal professional privilege and did not have to be disclosed under the Freedom of Information Act, the First-Tier Tribunal (FTT) has ruled.’

Legal Futures, 7th April 2016

Source: www.legalfutures.co.uk

Prince of Wales’ Duchy of Cornwall wins oyster farm scrutiny appeal – BBC News

Posted April 5th, 2016 in appeals, environmental protection, fisheries, freedom of information, news, royal family, tribunals by sally

‘The Prince of Wales’s private estate has won an appeal against a ruling that would have forced it to open up its dealings to greater public scrutiny.’

BBC News, 4th April 2016

Source: www.bbc.co.uk

DWP tribunal criticises Labour MP Jess Phillips for ‘showing too much affection and friendship’ – The Independent

Posted April 4th, 2016 in benefits, complaints, disabled persons, news, parliament, professional conduct, tribunals by sally

‘A Labour MP has been criticised by a judge at a tribunal for showing too much affection and friendship towards a constituent on disability benefits. ‘

The Independent, 3rd April 2016

Source: www.independent.co.uk

Theresa May faces parliamentary investigation over flimsy basis for student deportations – The Independent

Posted March 24th, 2016 in deportation, examinations, immigration, ministers' powers and duties, news, tribunals, universities by tracey

‘Theresa May is to face a parliamentary investigation after an immigration tribunal ruled that the Home Office used unscientific “hearsay” to deport thousands of students from Britain.’

The Independent, 23rd March 2016

Source: www.independent.co.uk

Personal data and politicians’ names – Panopticon

Posted March 21st, 2016 in appeals, closed material, council tax, data protection, disclosure, freedom of information, human rights, local government, news, privacy, public interest, tribunals by tracey

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

Panopticon, 18th March 2016

Source: www.panopticonblog.com

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