tribunals – Page 28 – Current Awareness

Tenants who lack mental capacity to make decisions – Tanfield Chambers

Posted July 28th, 2015 in appeals, benefits, housing, landlord & tenant, mental health, news, social security, tribunals by sally

‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’

Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

Surveillance of MPs’ data challenged – BBC News

Posted July 23rd, 2015 in data protection, electronic mail, intelligence services, interception, investigatory powers, news, parliament, telecommunications, tribunals by sally

‘Three politicians will challenge the lawfulness of the intelligence services’ bulk interception of electronic data at a hearing later.’

BBC News, 23rd July 2015

Source: www.bbc.co.uk

Proposal on the provision of court and tribunal estate in England and Wales – Ministry of Justice

Posted July 17th, 2015 in consultations, courts, tribunals by tracey

‘Proposal on the provision of court and tribunal estate in England and Wales.’

Full consultation

Ministry of Justice, 16th July 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Met police to face tribunal over decision to access Plebgate phone records – The Guardian

Posted July 15th, 2015 in evidence, interception, investigatory powers, media, news, police, telecommunications, tribunals by tracey

‘The Metropolitan police is being taken to court in a landmark case over its decision to secretly obtain journalists’ phone records in an attempt to identify the mole behind the Plebgate saga involving the then cabinet minister Andrew Mitchell.’

The Guardian, 14th July 2015

Source: www.guardian.co.uk

Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

Posted July 10th, 2015 in appeals, disclosure, environmental protection, freedom of information, judicial review, legal profession, local government, news, planning, privilege, public interest, solicitors, tribunals by tracey

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

OUT-LAW.com, 9th July 2015

Source: www.out-law.com

Bar regulator consults on reforms to the disciplinary tribunal system – Bar Standards Board

Posted July 8th, 2015 in barristers, disciplinary procedures, news, regulations, tribunals by sally

‘In an open consultation, launched today, the bar regulator is seeking views on proposals to reform the disciplinary tribunal system.’

Bar Standards Board, 7th July 2015

Source: www.barstandardsboard.org.uk

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others – WLR Daily

Posted June 30th, 2015 in appeals, asylum, case management, detention, immigration, law reports, tribunals, ultra vires by sally

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWHC 1689 (Admin); [2015] WLR (D) 267

‘The fast track rule regime in the Schedule to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 was ultra vires.’

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

GCHQ spied on two human rights bodies – Daily Telegraph

Posted June 23rd, 2015 in data protection, human rights, intelligence services, news, tribunals by tracey

‘GCHQ spied on two human rights organisations, it has emerged, and breached its own internal policies in how it handled the information.’

Daily Telegraph, 22nd June 2015

Source: www.telegraph.co.uk

Good news and bad for challenges to ETS fraud decisions – Free Movement

Posted June 18th, 2015 in appeals, fraud, immigration, news, tribunals, visas by sally

‘The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyone directly affected by the ongoing ETS saga and for their legal representatives.’

Free Movement, 18th June 2015

Source: www.freemovement.org.uk

Upper Tribunal: Ocean Finance VAT arrangements could stand as not ‘wholly artificial’ – OUT-LAW.com

Posted June 10th, 2015 in advertising, HM Revenue & Customs, news, tax avoidance, tribunals, VAT by sally

‘HM Revenue and Customs (HMRC) should not look beyond the contractual arrangements that govern a company’s structure when establishing liability for VAT unless those arrangements do not reflect “economic and commercial reality”, a tribunal has ruled.’

OUT-LAW.com, 5th June 2015

Source: www.out-law.com

HCA International Ltd v Competition and Markets Authority – WLR Daily

Posted June 3rd, 2015 in appeals, bias, competition, law reports, tribunals by sally

HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221

‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’

WLR Daily 21st May 2015

Source: www.iclr.co.uk

Upper Tribunal decisions on Part 4 of SEN statements – Education Law Blog

Posted June 2nd, 2015 in education, news, special educational needs, tribunals by sally

‘First up, MA v Borough of Kensington and Chelsea (SEN) [2015] UKUT 0186 (AAC). In this judgment, the Upper Tribunal considers the legal status of an ASD unit within a mainstream school.’

Education Law Blog, 31st May 2015

Source: www.education11kbw.com

Midwife struck off for misconduct after deaths of two babies – The Guardian

Posted May 21st, 2015 in birth, disqualification, midwives, news, professional conduct, tribunals by sally

‘A former midwife whose actions were said to have contributed to the deaths of two babies is to be struck off, a misconduct tribunal has ruled.’

The Guardian, 20th May 2015

Source: www.guardian.co.uk

High Court: Tribunal right to disbar barrister who drafted false grounds of appeal – Legal Futures

Posted May 20th, 2015 in barristers, drafting, news, professional conduct, tribunals by sally

‘The High Court has upheld the disbarment of a barrister accused of drafting false grounds of appeal for a client found guilty on drugs charges.’
Full story

Legal Futures, 19th May 2015

Source: www.legalfutures.co.uk

Mandatory orders in immigration judicial review applications – Free Movement

Posted May 20th, 2015 in immigration, judicial review, news, tribunals by sally

‘The issue of when the Upper Tribunal might make a mandatory order requiring the Home Office to act in a specific way was considered in the case of R (on the application of Sultana) v Secretary of State for the Home Department (mandatory order – basic principles) IJR [2015] UKUT 226 (IAC).’

Free Movement, 20th May 2015

Source: www.freemovement.org.uk

Wasted costs ordered against solicitor and counsel and case struck out – Free Movement

Posted May 15th, 2015 in barristers, costs, judicial review, law firms, news, striking out, tribunals, wasted costs orders by tracey

‘In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper Tribunal Immigration and Asylum Chamber not only strikes out the applicant’s judicial review claim but also goes on to make a wasted costs order against both the solicitors and counsel involved in the case.’

Free Movement, 14th May 2015

Source: www.freemovement.org.uk

Prince Charles’s ‘black spider’ letters set for publication after 10 year legal battle – The Independent

Posted May 13th, 2015 in freedom of information, news, royal family, Supreme Court, tribunals by tracey

‘The Royal Family’s reputation for political neutrality faces its most serious challenge in a generation as the “black spider” memos written by Prince Charles to senior ministers are finally set to published after a 10-year legal battle.’

The Independent, 12th May 2015

Source: www.independent.co.uk

Reporting Restrictions in the Criminal Courts – Courts and Tribunals Judiciary

Posted May 7th, 2015 in courts, criminal justice, female genital mutilation, media, news, reporting restrictions, tribunals, young persons by sally

‘A fourth updated set of guidelines on open justice and reporting restrictions in the criminal courts is published today by the Judicial College, News Media Association (NMA), Society of Editors and the Media Lawyers Association. The new edition covers the new reporting restrictions applying to under 18 year olds, which came into force last month, the Female Genital Mutilation anonymity provisions which came into force this month and other changes relevant to reporting the work of the criminal courts.’

Courts and Tribunals Judiciary, 6th May 2015

Source: www.judiciary.gov.uk

Judge upholds ACV listing of green belt site – OUT-LAW.com

Posted May 6th, 2015 in assets of community value, environmental protection, news, planning, tribunals by sally

‘A First-Tier Tribunal judge has dismissed a challenge by developer Banner Homes to the listing of a 4.83 hectare site by St Albans City and District Council as an asset of community value (ACV).’

OUT-LAW.com, 5th May 2015

Source: www.out-law.com

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