Shabir Ahmed: Sex gang leader appeals over deportation – BBC News
‘The ringleader of a child sex grooming gang has appealed against deportation from Britain on human rights grounds.’
BBC News, 16 February 2016
Source: www.bbc.co.uk
Category: tribunals
Immigration lawyers fail with challenge to secret evidence – Law Society’s Gazette
‘A rule that allows decisions in immigration appeals to be based on undisclosed evidence is not unlawful, the High Court has ruled.’
Law Society’s Gazette, 16th February 2016
Source: www.lawgazette.co.uk
GCHQ hacking does not breach human rights, security tribunal rules – The Guardian
‘Hacking of computers, networks and smartphones in the UK or abroad by GCHQ staff does not breach human rights, a security tribunal has ruled.’
The Guardian, 12th February 2016
Source: www.guardian.co.uk
New legal right for shop workers to refuse longer work hours on Sundays – Daily Telegraph
‘Ministers are changing legislation to give councils the power to extend trading hours in their local areas’
Daily Telegraph, 13th February 2016
Source: www.telegraph.co.uk
Tribunal rules computer hacking by GCHQ is not illegal – BBC News
‘GCHQ is operating within the law when it hacks into computers and smart phones, a security tribunal has ruled.’
BBC News, 12th February 2016
Source: www.bbc.co.uk
Something to Declare – Nearly Legal
‘The power for a local authority to make an HMO declaration under s255, Housing Act 2004 is not commonly used. This power arises where a property appears to be an HMO in all respects save that it is not being used solely as an HMO. In that case the property will not fulfil the tests for an HMO under s254 of the Act but can be declared to be an HMO by the local authority of they reasonably believe that the property has “significant use” as an HMO. The declaration as an HMO can be appealed to the FTT (and from there to the UT) and that appeal operated by way of a re-hearing of that decision.’
Nearly Legal, 27th January 2016
Source: www.nearlylegal.co.uk
SDT anonymity ruling “breached principle of open justice”, High Court rules – Legal Futures
A decision by the Solicitors Disciplinary Tribunal (SDT) to grant retrospective anonymity to a solicitor who had only been found guilty of a technical rule breach flouted the principle of open justice, the High Court has ruled.’
Legal Futures, 18th January 2016
Source: www.legalfutures.co.uk
Tribunal dismisses challenge to tax charge resulting from use of ‘pension liberation’ scheme – OUT-LAW.com
‘Money advanced in the form of a “loan” to the member of a so-called ‘pension liberation’ scheme was a “payment” for the purposes of the tax rules, and therefore subject to a 40% income tax charge and additional surcharge, a tax tribunal has ruled.’
OUT-LAW.com, 13th January 2016
Source: www.out-law.com
Upper Tribunal cases on fair hearings in immigration cases – Free Movement
‘Three recent cases on fair hearings in immigration cases, all from President McCloskey. All make interesting reading.’
Free Movement, 13th January 2016
Source: www.freemovement.org.uk
David Bedenham Discusses a Recent FTT Decision Relating to Carbon Credit Missing Trader Fraud and Assessment Time Limits – 11 KBW
‘Missing trader (or ‘MTIC’) fraud has blighted various trade sectors from mobile phones and CPUs to platinum and carbon credits. It is in the latter sector that we have seen some of the largest denials of input tax based on the Kittel principle.’
11 KBW, 5th January 2016
Source: www.11kbw.com
Court of Appeal rules burden for proving sham marriage rests with Home Office – Free Movement
‘The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter remarks of former President Blake in the earlier tribunal case of Entry Clearance Officer, Nicosia v Papajorgji [2012] UKUT 00038 (IAC) (FM post: New case law on meaning of genuine and subsisting marriage).’
Free Movement, 9th December 2015
Source: www.freemovement.org.uk
Resolving disputes over arbitration jurisdiction ‘good case management’ by English courts, experts say – OUT-LAW.com
‘By stepping in to resolve a dispute over the tribunal’s jurisdiction rather than leave the question to the tribunal, the English courts have in fact reinforced their commitment to support this form of dispute resolution.’
OUT-LAW.com, 1st December 2015
Source: www.out-law.com
Tweet Tweet? #silencingFOIontwitter – Panopticon
‘Is a request for information made in a tweet a valid request within the meaning of sections 1 and 8 FOIA? Not in Ghafoor v Information Commissioner (EA/2015/0140). The FTT held that section 8(1) requires the request for information to be made using the “real name” of the person making it, and that the provision of an address for correspondence must one which is “suitable for correspondence” between the requestor and the public authority about the request.’
Panopticon, 17th November 2015
Source: www.panopticonblog.com
Tribunals president urges web-based “expansion of justice” and rationalisation of judiciary – Litigation Futures
‘The courts should embrace IT and the internet in ways that improve access to justice and make scarce resources go further, if the values embodied in Magna Carta are to be realised, according to a senior judge.’
Litigation Futures, 17th November 2015
Source: www.litigationfutures.com
Probate manager who admitted 140 “improper withdrawals” from client accounts blamed pressure of work – Legal Futures
‘A probate manager who admitting making 140 “improper withdrawals” over a period of 11 years, resulting in a client account shortage of £730,000, has been banned from working for law firms.
Legal Futures, 17th November 2015
Source: www.legalfutures.co.uk
Speech by Sir Ernest Ryder: In the Shadow of Magna Carta – Courts and Tribunals Judiciary
‘The Rt Hon Sir Ernest Ryder gave a speech “In the Shadow of Magna Carta” in Washington DC on 13 November 2015.’
Courts and Tribunals Judiciary, 13th November 2015
Source: www.judiciary.gov.uk
Drugs boss who said he ‘only employs beautiful women’ guilty of sexism – Daily Telegraph
‘The boss behind a banned cancer “wonder drug” has been found guilty of sex discrimination after writing “Red lipstick, heels – good” on his personal assistant’s job application.’
Daily Telegraph, 17th November 2015
Source: www.telegraph.co.uk
Meaning of “unduly harsh” in the Immigration Rules – Free Movement
‘A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words “unduly harsh” at paragraph 399 of the Immigration Rules.’
Free Movement, 16th November 2015
Source: www.freemovement.org.uk
Yes you can discriminate against a company (but you shouldn’t!) – No. 5 Chambers
‘How odd, you might think. A company can suffer a detriment under the Equality Act 2010 and so bring a claim for direct discrimination. Yet a company is impersonal and protected characteristics are highly personal that only individuals can have. How can that be?’
No. 5 Chambers, 8th October 2015
Source: www.no5.com
