University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) – Supreme Court
Supreme Court, 29th April 2015
Category: tribunals
Regina (LHS) v First-Tier Tribunal (Criminal Injuries and Compensation) – WLR Daily
‘The discount rate determined by the Lord Chancellor under section 1(1) of the Damages Act 1996 was applicable to the quantification of future loss under the Criminal Injuries Compensation Scheme 1990.’
WLR Daily, 21st April 2015
Source: www.iclr.co.uk
GCHQ conducted illegal surveillance, investigatory powers tribunal rules – The Guardian
‘GCHQ, Britain’s national security surveillance agency, has been ordered to destroy legally privileged communications it unlawfully collected from a Libyan rendition victim.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
What amounts to a “human rights claim” generating a new right of appeal? – Free Movement
‘Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim to have been made in the first place as well as requiring a refusal of that claim. But what constitutes a human right claim and a decision by the Secretary of State?’
Free Movement, 29th April 2015
Source: www.freemovement.org.uk
Rosslyn Mansions Tenants’ Association v Winstonworth Limited – Tanfield Chambers
‘There is no requirement that the potential membership of a proposed tenants’ association must be at least 60% for a certificate of recognition to be granted under section 29 of the Landlord and Tenant Act 1985.’
Tanfield Chambers, 16th April 2015
Source: www.tanfieldchambers.co.uk
UK intelligence tribunal to rule on surveillance case – The Guardian
‘A tribunal that hears complaints against the UK intelligence services is due to rule in a major state surveillance case on the confidentiality of conversations between lawyers and their clients.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
HMO corner – Nearly Legal
‘A couple of recent Upper Tribunal (Land Chamber) decisions on HMOs under licensing schemes.’
Nearly Legal, 27th April 2015
Source: www.nearlylegal.co.uk
Foreign criminal can stay in Britain because he is an alcoholic – Daily Telegraph
‘A persistent offender from Libya cannot be deported because he would face severe punishment for drinking in his homeland, immigration court rules.’
Daily Telegraph, 27th April 2015
Source: www.telegraph.co.uk
Can you make a new application while awaiting outcome of another application or appeal? – Free Movement
‘The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR [2015] UKUT 190 (IAC). While the judge remains fairly cool she was clearly irritated with Counsel. Much of the case is devoted to salvaging some sense from the proliferating grounds or traversing territory that is already well known, but there is something new to take away. New to me, at any rate.’
Free Movement, 23rd April 2015
Source: www.freemovement.org.uk
Mind the gap: immigration rules and human rights are not coterminous – Free Movement
‘In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position, coterminous. The latest is R (on the application of Chen) v Secretary of State for the Home Department) (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 189 (IAC) on, you guessed it, the House of Lords case of Chikwamba and the proportionality of having to travel abroad in order to apply from abroad.’
Free Movement, 22nd April 2015
Source: www.freemovement.org.uk
“Cold Calling” company fined £75K for breach of privacy – UK Human Rights Blog
‘Although an individual’s right to privacy is usually thought of in the context of state intrusion in one form or another, in reality the real threat of intrusion in a society such as ours comes from unsolicited marketing calls.’
UK Human Rights Blog, 17th April 2015
Source: www.ukhumanrightsblog.com
Tribunal increases ICO fine over unsolicited marketing by 50% – OUT-LAW.com
‘A UK court has increased the level of fine imposed on a business which made unsolicited marketing calls to people signed up to the Telephone Preference Service (TPS) by 50%.’
OUT-LAW.com, 17th April 2015
Source: www.out-law.com
Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – UK Human Rights Blog
‘Department of Health v. Information Commissioner et al [2015] UKUT 159, 30 March 2015, Charles J read judgment Simon Lewis requested that the Department of Health supply him with copies of the ministerial diary of Andrew Lansley from May 2010 until April 2011, via a Freedom of Information request. Mr Lewis’s interest in all this is not revealed in the judgment, but I dare say included seeing whether the Minister was being lobbied by private companies eager to muscle in on the NHS in this critical period. But such is the nature of FOIA litigation that it does not really look at the motive of the requester – and this case does not tell us what the diary showed. Indeed by the time of this appeal, Lewis was untraceable, and the burden of the argument in favour of disclosure was taken up by the Information Commissioner.’
UK Human Rights Blog, 10th April 2015
Source: www.ukhumanrightsblog.com
Avoidance scheme effective despite HMRC’s attempt to rely on Ramsay – RPC Tax Take
‘In Gemsupa Limited and Consolidated Property Wilmslow Limited v HMRC [2015] UKFTT 0097 (TC), the First-tier Tribunal (Tax Chamber) (“FTT”) found that an avoidance scheme designed to avoid corporation tax on chargeable gains on the disposal of properties through the use of share sales and options to create and then disband a group was effective.’
RPC Tax Take, 25th March 2015
Source: www.rpc.co.uk
PF (Nigeria) v Secretary of State for the Home Department – WLR Daily
PF (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 251; [2015] WLR (D) 149
‘Where a decision of the First-tier or Upper Tribunal was not unanimous and the votes of the tribunal members were equally divided, the power conferred on the presiding member of the tribunal to provide the casting vote was not to be exercised irrespective of the nature and extent of the disagreement between the tribunal members. Disagreement as to the applicable law might in general justify the exercise of the casting vote, but not disagreement on fundamental primary factual issues.’
WLR Daily, 25th March 2015
Source: www.iclr.co.uk
ITV plc and others v Pensions Regulator and another – WLR Daily
ITV plc and others v Pensions Regulator and another [2015] EWCA Civ 228; [2015] WLR (D) 139
‘The Upper Tribunal had a discretion to allow the Pensions Regulator to raise new allegations on a reference which were not contained in a warning notice issued pursuant to section 96 of the Pensions Act 2004. The discretion should be exercised based on a consideration of all the relevant factors in the case, weighing up all the facts and circumstances, and not just the narrow question whether the Pensions Regulator had good reason for seeking to enlarge its case.’
WLR Daily, 24th March 2015
Source: www.iclr.co.uk
M&S and hair cut paramedic guilty of misconduct – BBC News
‘A paramedic who left patients in an ambulance while he did some shopping and had his hair cut has been found guilty of misconduct.’
BBC News, 25th March 2015
Source: www.bbc.co.uk
Canadian domestic abuse victim Sandra Sidey can stay in UK – BBC News
‘A Canadian woman who was told she could not stay in Britain after ending her relationship with a violent partner has won indefinite leave to remain.’
BBC News, 23rd March 2015
Source: www.bbc.co.uk
Fresh grounds and evidence before the CAT – Competition Bulletin from Blackstone Chambers
‘On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights of parties to adduce new grounds and evidence on an appeal, raises important notes of caution to all parties which may wish to appeal or intervene in future cases.’
Competition Bulletin from Blackstone Chambers, 20th March 2015
Source: www.competitionbulletin.com
Tribunal confirms no penalty for implementing tax avoidance scheme – RPC Tax Take
‘In the recent case of Herefordshire Property Company Ltd v HMRC1, the First-tier Tribunal (Tax Chamber) (“FTT”) allowed the taxpayer’s appeal against the imposition by HMRC of a penalty, which was based on an allegation of negligent implementation of a tax planning scheme by the taxpayer.’
RPC Tax Take, 18th March 2015
Source: www.rpc.co.uk
