Upper Tribunal rules on taxpayer liability for fixed penalty – OUT-LAW.com

Posted June 12th, 2024 in HM Revenue & Customs, news, notification, penalties, taxation, tribunals by sally

‘A recent UK Upper Tribunal decision highlights that as soon as there has been a failure to comply with an information notice, a taxpayer is automatically liable for a fixed penalty, even if the failure is short-lived, and HMRC can move straight to applying for a tax-related penalty, an expert has said.’

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OUT-LAW.com, 11th June 2024

Source: www.pinsentmasons.com

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Keynote speech by the Lady Chief Justice at the Society of Editors 25th anniversary conference – Courts and Tribunals Judiciary

Posted May 7th, 2024 in courts, judiciary, media, news, speeches, tribunals by tracey

‘Keynote speech by the Lady Chief Justice at the Society of Editors 25th anniversary conference.’

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Courts and Tribunals Judiciary , 30th April 2024

Source: www.judiciary.uk

Building Safety Act amendments re Tribunal appointed managers – Tanfield Chambers

‘Timothy Polli KC, Carl Fain, and Katie Gray discuss what the rules are in the LTA 1987 amendments, as well as the issues that arise between FTT appointed managers and Regulator- appointment special measures managers.’

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Tanfield Chambers, 19th April 2024

Source: www.tanfieldchambers.co.uk

Lady Chief Justice sets up Transparency and Open Justice Board – Local Government Lawyer

Posted May 2nd, 2024 in civil justice, courts, criminal justice, news, tribunals by sally

‘The Lady Chief Justice, Dame Sue Carr, has created a Transparency and Open Justice Board, which will “lead and coordinate the promotion of transparency and open justice across the courts and tribunals of England & Wales”.’

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Local Government Lawyer, 1si May 2024

Source: www.localgovernmentlawyer.co.uk

Tribunal ruling is a step forward in understanding code disputes – OUT-LAW.com

Posted April 16th, 2024 in codes of practice, landlord & tenant, news, telecommunications, tribunals by tracey

‘A recent decision by the Upper Tribunal (Lands Chamber) on a reference under the Electronic Communications Code (the code) helpfully clarifies some of the outstanding issues in this area, property disputes experts have said.’

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OUT-LAW.com, 15th April 2024

Source: www.pinsentmasons.com

‘Disrespectful of the rule of law’? – Doughty Street Chambers

‘In Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC) the Upper Tribunal, chaired by the President, has sought to address a long-running problem in both tiers of the Immigration and Asylum Chamber: the Home Office’s failure to comply with directions or co-operate in proper case management.’

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Doughty Street Chamber, 22nd February 2024

Source: insights.doughtystreet.co.uk

Judge criticises Home Office errors in Palestinian refugee’s visa case – The Guardian

‘The home secretary has given an “unreserved and unqualified apology” to a Palestinian refugee for “serious errors” made in relation to her student visa application.’

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The Guardian, 13th February 2024

Source: www.theguardian.com

Brand new guide to help public easily access court hearings – Ministry of Justice

Posted January 2nd, 2024 in civil justice, courts, criminal justice, Ministry of Justice, news, tribunals by tracey

‘People are being encouraged to see how justice is done in courtrooms with the publication of a new and simple “how to” guide for attending court hearings today.’

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Ministry of Justice, 30th December 2023

Source: www.gov.uk

Doctor who sexually harassed nurses to stay in work – BBC News

‘A hospital doctor who admitted sexually harassing two nurses should not be suspended, a High Court judge has ruled.’

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BBC News, 18th December 2023

Source: www.bbc.co.uk

Government offers hope of full PACCAR solution in the future – Legal Futures

‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’

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Legal Futures, 15th December 2023

Source: www.legalfutures.co.uk

CAT “wrong” to identify ban on defendants contacting claimants directly – Legal Futures

Posted December 11th, 2023 in appeals, class actions, competition, consumer protection, news, tribunals by tracey

‘The Competition Appeal Tribunal (CAT) was wrong to identify a rule that prevents defendants communicating directly with legally represented members of an opt-out class action, the Court of Appeal has ruled.’

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Legal Futures, 11th December 2023

Source: www.legalfutures.co.uk

Refusal of tribunal to adjourn for aftercare evidence was “kicking the can down the road”, Upper Tribunal finds – Local Government Lawyer

Posted November 28th, 2023 in adjournment, detention, evidence, mental health, news, tribunals by tracey

‘The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.’

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Local Government Lawyer, 27th November 2023

Source: www.localgovernmentlawyer.co.uk

Doctor’s suspension after questioning the severity of Covid 19 did not breach his Article 10 rights – UK Human Rights Blog

Posted November 21st, 2023 in appeals, coronavirus, disciplinary procedures, doctors, human rights, news, tribunals by sally

‘This was an appeal by a doctor against a decision of the medical practitioners’ tribunal that he was guilty of misconduct. He also appealed against the tribunal’s decision to suspend his registration for six months.’

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UK Human Rights Blog, 20th November 2023

Source: ukhumanrightsblog.com

The Building Safety Act 2022 – Remediation Contribution Orders and Cost Recovery – Falcon Chambers

‘One of the things that may be surprising about remediation orders and remediation contribution orders, both potentially expensive pieces of litigation that leaseholders may be forced to pursue, is that the FtT’s jurisdiction on costs is the “no costs” jurisdiction under rule 13 of its Rules. Costs (beyond payment of application fees) can only be awarded by the FtT if a party has behaved unreasonably, a high threshold, or for wasted costs (likewise). Although the Building Safety Act 2022 did not expressly say that the FtT was to have this no costs jurisdiction (rather than its costs jurisdictions for example in relation to its Land Registration or telecoms), amendments to the Rules from 1 November 2022 make express which jurisdictions can have real cost implications. The new Building Safety Act jurisdictions are not included.’

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Falcon Chambers, 18th September 2023

Source: www.falcon-chambers.com

‘Major milestone’: CAT to rule on collective action settlement – Law Society’s Gazette

Posted October 13th, 2023 in appeals, class actions, competition, news, tribunals by tracey

‘A “pioneering” £1.5m settlement has been agreed in a car delivery charges opt-out claim which the Competition Appeal Tribunal will now need to approve – potentially a first for the tribunal in a collective action.’

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Law Society’s Gazette, 12th October 2023

Source: www.lawgazette.co.uk

Law Society urges reform of “outdated” mental health legislation – Local Government Lawyer

Posted October 12th, 2023 in bills, civil justice, Law Society, mental health, news, tribunals by sally

‘The Law Society has called for urgent reforms to the Mental Health Act, which it has described as “outdated”.’

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Local Government Lawyer, 11th October 2023

Source: www.localgovernmentlawyer.co.uk

London borough accused appellants of fraud with “no adequate evidence”, tribunal finds – Local Government Lawyer

Posted October 3rd, 2023 in forgery, fraud, local government, London, news, penalties, road traffic, tribunals by sally

‘A London Tribunal has ordered a penalty charge notice (PCN) to be cancelled after finding the London Borough of Newham accused the appellants of forging defective PCNs “with no adequate evidence to support the allegation”.’

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Local Government Lawyer, 2nd October 2023

Source: www.localgovernmentlawyer.co.uk

Local authority challenges Tribunal costs awards decision following specialist school legal battle – Local Government Lawyer

‘East Sussex County Council has submitted a request for permission to appeal a decision ordering it to pay school fees costs to the family of a young autistic boy.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils accused of “wasting” £60m in a year on tribunal battles over support for children with special educational needs – Local Government Lawyer

‘Councils wasted £60 million in a year on “unsuccessful court disputes” with parents and carers seeking support for children and young people with special educational needs and disabilities (SEND), according to research by Pro Bono Economics, commissioned by the Disabled Children’s Partnership.’

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Local Government Lawyer, 27th September 2023

Source: www.localgovernmentlawyer.co.uk