Courts to move from ‘physical paradigm’ – new HMCTS chief – Law Society’s Gazette

Posted September 24th, 2015 in consultations, courts, news, speeches, tribunals by tracey

‘Proceeds from the sale of underused court buildings will be invested in technology to move away from the “physical paradigm”, HM Courts and Tribunals Service’s new chief executive said today in her first public speech in the role.’

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Law Society’s Gazette, 23rd September 2015

Source: www.lawgazette.co.uk

No human rights in EEA appeals says Upper Tribunal – Free Movement

Posted September 22nd, 2015 in appeals, EC law, human rights, immigration, news, tribunals by sally

‘The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal.’

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Free Movement, 21st September 2015

Source: www.freemovement.org.uk

Tax tribunal charges would deter the poorest from getting justice, lawyers warn – The Independent

Posted September 18th, 2015 in appeals, fees, news, taxation, tribunals by tracey

‘Plans to impose court fees on anyone opposing the tax office at tribunal would deter the poorest from getting justice, leading lawyers say – amid a growing outcry against an array of Government-imposed court charges.’

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The Independent, 17th September 2015

Source: www.independent.co.uk

R (Derry) v Revenue and Customs Comrs – WLR Daily

Posted September 16th, 2015 in HM Revenue & Customs, income tax, judicial review, law reports, taxation, tribunals by tracey

R (Derry) v Revenue and Customs Comrs: [2015] UKUT 0416 (TCC); [2015] WLR (D) 379

‘Sections 132 and 133 of the Income Tax Act 2007 were consistent with paragraph 2 of Schedule 1B to the Taxes Management Act 1970 and the two sets of provisions could operate in conjunction.’

WLR Daily, 28th July 2015

Source: www.iclr.co.uk

Law Society in England calls for ‘radical’ employment tribunal reform – OUT-LAW.com

‘The UK employment tribunal system is in need of “radical” restructuring if it is to work fairly and efficiently for employees, employers and the broader administration of justice, according to the Law Society of England and Wales.’

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OUT-LAW.com, 14th September 2015

Source: www.out-law.com

Liability of magistrates, coroners and quasi-judicial bodies for costs – Park Square Barristers

Posted September 4th, 2015 in commons, coroners, costs, land registration, magistrates, news, tribunals by sally

‘“Litigation is a hazardous and expensive business.”

Thus began the skeleton argument of my opponent in the Paddico case which I refer to below. He was (and remains) a leading counsel with a high reputation in the field of property work and he was, of course, correct.’

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Park Square Barristers, 11th August 2015

Source: www.parksquarebarristers.co.uk

No need to scour internet when assessing whether personal data is sensitive, UK tribunal rules – OUT-LAW.com

‘Businesses are not expected to scour the internet and other sources to check whether there is any information that, when linked with personal data they hold, would mean the data they hold is in fact sensitive personal data, according to a new UK ruling.’

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OUT-LAW.com, 1st September 2015

Source: www.out-law.com

BSB seeks power to fine barristers cleared by disciplinary tribunals – Legal Futures

‘The Bar Standards Board (BSB) is seeking the power to impose fines of up to £1,000 on barristers cleared by disciplinary tribunals, it has emerged.’

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Legal Futures, 21st August 2015

Source: www.legalfutures.co.uk

Outstanding UK tax tribunal cases reach record levels – OUT-LAW.com

Posted August 20th, 2015 in appeals, news, statistics, taxation, tribunals by sally

‘The queue of tax disputes awaiting litigation through the UK’s tax tribunals set a new record last year, with almost 30,000 cases waiting to be heard at the end of last year, according to official figures.’

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OUT-LAW.com, 19th August 2015

Source: www.out-law.com

Expert evidence about SEN – Education Law Blog

Posted August 20th, 2015 in education, expert witnesses, news, special educational needs, tribunals by sally

The Upper Tribunal has considered how the First-tier Tribunal should approach expert evidence about special educational needs and provision: The Royal Borough of Kensington and Chelsea v CD [2015] UKUT 0396 (AAC).

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Education Law Blog, 19th August 2015

Source: www.education11kbw.com

Bar disciplinary tribunal to rehear disbarment overturned by Court of Appeal – Legal Futures

Posted August 17th, 2015 in barristers, disciplinary procedures, news, tribunals by sally

‘A long-running disciplinary case involving accusations that a barrister forged client care letters must be heard again, the Visitors to the Inns of Court have ruled.’

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Legal Futures, 17th August 2015

Source: www.legalfutures.co.uk

Woolway (Valuation Officer) v Mazars LLP – WLR Daily

Posted August 12th, 2015 in appeals, leases, news, rates, Supreme Court, tribunals, valuation by sally

Woolway (Valuation Officer) v Mazars LLP [2015] UKSC 53; [2015] WLR (D) 353

‘Where a business’s offices were on two separate floors of an office block, the communication between the two being solely by way of the block’s communal lift, those two floors comprised two separate hereditaments for the purposes of non-domestic rating.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

Successful judicial review of social services age assessment – Free Movement

‘R (on the application of GB by litigation friend, Francesco Jeff) v Oxfordshire County Council (age dispute- relevance of documents) IJR [2015] UKUT 429 (IAC) is an interesting and successful judicial review challenge to an age assessment. My colleague Shu Shin Luh was Counsel, instructed by Scott-Moncrieff & Associates.

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Free Movement, 10th August 2015

Source: www.freemovement.org.uk

‘It did seem to be expensive’ – Nearly Legal

Posted August 11th, 2015 in appeals, costs, landlord & tenant, leases, news, rent, service charges, tribunals by sally

If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?

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Nearly Legal, 9th August 2015

Source: www.nearlylegal.co.uk

Court of Appeal: Tenants on small claims track can be ordered to pay more than costs of issue – Litigation Futures

‘County courts can order tenants on the small claims track (SCT) to pay more than the costs of issuing the claim, the Court of Appeal has ruled.’
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Litigation Futures, 6th August 2015

Source: www.litigationfutures.com

Bedroom Tax and separated families – UT again – Nearly Legal

‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’

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Nearly Legal, 1st August 2015

Source: www.nearlylegal.co.uk

New tribunal cases on statutory human rights considerations and “integration” – Free Movement

Posted July 30th, 2015 in human rights, immigration, news, tribunals by sally

‘The Upper Tribunal has handed down another two cases on the statutory human rights considerations introduced by the Immigration Act 2014. The relationship between Article 8, the Immigration Rules and the statutory considerations is the itch that judges cannot help but scratch, but it is primarily an academic and political issue rather than one of real substance.’
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Free Movement, 29th July 2015

Source: www.freemovement.org.uk

Kiani v Secretary of State for the Home Department – WLR Daily

Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776; [2015] WLR (D) 325

‘The requirements of the right to a fair trial in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms depended on the context and all the circumstances of the case. In a security case an individual was not entitled to full article 6 rights if to accord him such rights would jeopardise the efficacy of the vetting regime itself. The same approach was taken under European Union law.’

WLR Daily, 21st July 2015

Source: www.iclr.co.uk

Circle the Wagons: They are Coming for the Information Tribunal – Panopticon

Posted July 28th, 2015 in consultations, fees, freedom of information, news, tribunals by sally

‘We all fell for it, didn’t we? If the greatest trick the Devil ever pulled was convincing the world he didn’t exist, then Michael Gove’s may have been to convince everyone that he wasn’t interested in FOIA. His shunting responsibility for FOIA/EIR matters off to the Cabinet Office, and the Cabinet Office’s announcement of the Commission on Freedom of Information (generally staffed by people who publicly don’t much like it), last week has led to a lot of comment and reaction – mostly adverse – from social media, blogs and even the mainstream press.’

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Panopticon, 24th July 2015

Source: www.panopticonblog.com

Service charges, the burden of proof and reasonableness of decisions – Park Square Barristers

‘Last week wrote an introductory article on a service charge case, The Gateway (Leeds) Management Ltd v Naghash and Shamsizadeh (citation above), a decision of Martin Rodger QC, Deputy President in the Upper Tribunal (Lands Chamber), in which I acted for the Defendants/Respondents. The facts are set out in that piece, and I do not propose to rehearse them here.’

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Park Square Barristers, 15th July 2015

Source: www.parksquarebarristers.co.uk