tribunals – Page 31 – Current Awareness

Visitor appeal succeeds on human rights grounds – Free Movement

Posted March 11th, 2015 in appeals, asylum, human rights, immigration, married persons, news, tribunals by sally

‘In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle of the scything of full rights of appeal for everyone else, President McCloskey has turned his attention to the question of the relevance of compliance with the Immigration Rules to a human rights appeal. The answer is that where a person meets the terms of the Immigration Rules, their appeal will normally fall to be allowed on human rights grounds, assuming that human rights are engaged in some way in the first place.’

Free Movement, 10th March 2015

Source: www.freemovement.org.uk

Number of judicial review applications falls from 15,600 to 4,000 – Litigation Futures

Posted March 10th, 2015 in civil justice, immigration, judicial review, news, statistics, tribunals by sally

‘The number of judicial review applications lodged at the High Court fell from 15,600 to just 4,062 last year – caused mainly, but not entirely by the transfer of immigration and asylum cases to the Upper Tribunal.’

Litigation Futures, 10th March 2015

Source: www.litigationfutures.com

Blakesley v Secretary of State for Work and Pensions – WLR Daily

Posted March 4th, 2015 in appeals, asylum, benefits, EC law, employment, human rights, law reports, refugees, tribunals by sally

Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141; [2015] WLR (D) 96

‘The Government was not obliged to make lump sum payments to successful applicants for asylum representing the difference between the support they received while their application was being processed and mainstream benefits.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

Why is the immigration tribunal so uniquely impervious to modernity? – Free Movement

Posted February 26th, 2015 in electronic filing, immigration, litigants in person, news, tribunals, video recordings by sally

‘In a recent determination, the President of the Upper Tribunal suggested that documents and submissions could be sent electronically to the tribunal in order to facilitate efficient justice:

“…parties and their representatives are strongly encouraged to communicate electronically with the Tribunal and, further, to seek confirmation that important communications and/or attachments have been received.”‘

Free Movement, 26th February 2015

Source: www.freemovement.org.uk

Quite like a whale – Panopticon

Posted February 24th, 2015 in environmental protection, freedom of information, jurisdiction, news, regulations, tribunals, water companies by sally

‘As my colleague Robin Hopkins has warned, the decision of the Upper Tribunal in Fish Legal looks like a pretty big beast: sixty pages on whether water companies are public authorities for the purposes of the Environmental Information Regulations, applying the CJEU’s lengthy ruling on the points of principle (for which, see this post by Chris Knight).’

Panopticon, 24th February 2015

Source: www.panopticonblog.com

“Horse play” – Tribunal concludes that racehorse ownership was a gamble and not a trade and rejects the taxpayer’s loss relief claim – RPC Tax Take

Posted February 19th, 2015 in gambling, horse racing, news, taxation, tribunals by sally

‘In recent years, there has been a seemingly unending string of cases relating to whether certain activities constitute trading. Ewan Leslie James McMorris v HMRC[1]is the latest case to consider the circumstances in which a taxpayer may deduct losses incurred from his other income under section 64, Income Tax Act 2007 (ITA).’

RPC Tax Take, 13th February 2015

Source: www.rpc.co.uk

UK admits unlawfully monitoring legally privileged communications – The Guardian

Posted February 19th, 2015 in human rights, intelligence services, interception, investigatory powers, law firms, news, privilege, telecommunications, tribunals by sally

‘The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.’

The Guardian, 18th February 2015

Source: www.guardian.co.uk

Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others – WLR Daily

Posted February 18th, 2015 in law reports, service out of jurisdiction, taxation, tribunals, witnesses by sally

Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others [2015] WLR (D) 69

‘The First-tier Tribunal Tax Chamber had no jurisdiction to issue witness summonses addressed to prospective witnesses who had no presence in the jurisdiction.’

WLR Daily, 12th February 2015

Source: www.iclr.co.uk

The Investigatory Powers Tribunal and the rule of law – UK Human Rights Blog

Posted February 17th, 2015 in data protection, human rights, intelligence services, investigatory powers, news, privacy, rule of law, tribunals by sally

‘Despite being hailed as an ‘historic victory in the age-old battle for the right to privacy and free expression’, closer examination of a recent ruling by the Investigatory Powers Tribunal (‘IPT’) reveals it to have been a hollow victory.’

UK Human Rights Blog, 16th February 2015

Source: www.ukhumanrightsblog.com

Privacy watchdog launches ‘Did GCHQ spy on you?’ campaign to allow citizens to find out if they were under surveillance – The Independent

Posted February 17th, 2015 in data protection, human rights, intelligence services, news, privacy, tribunals by sally

‘A new campaign by human rights watchdog Privacy International could allow millions of citizens in Britain and elsewhere to have data that was collected on them deleted.’

The Independent, 16th February 2015

Source: www.independent.co.uk

Down the Rabbit Hole – Late Reliance under FOIA – Panopticon

Posted February 16th, 2015 in case management, freedom of information, news, tribunals by sally

‘Says the White Rabbit in Alice in Wonderland, “Oh my furry whiskers, I’m late, I’m late, I’m late!” Although the application of FOIA may sometimes feel like Wonderland, the feeling it induces is normally more akin to turning up unexpectedly at the Mad Hatter’s Tea Party (although attributing FTT judicial figures to the characters of the Mad Hatter and the Dormouse is beyond me). But one thing that has, since Birkett v DEFRA [2011] EWCA Civ 1606, not generally proved very controversial is the question of late reliance on exemptions; the White Rabbit need have little fear. Birkett made clear that late (usually after the DN and in the course of litigation before the FTT) reliance on substantive exemptions is permissible, subject to case management powers, under the EIR. The unappealed equivalent decision under FOIA, Information Commissioner v Home Office [2011] UKUT 17 (AAC), has generally been assumed to be correct.’

Panopticon, 15th February 2015

Source: www.panopticonblog.com

Challenging a refusal of permission to appeal by the Upper Tribunal – Free Movement

Posted February 16th, 2015 in appeals, benefits, civil procedure rules, costs, immigration, judicial review, news, tribunals by sally

‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’

Free Movement, 16th February 2015

Source: www.freemovement.org.uk

Met agrees final settlement in Carol Howard discrimination case – BBC News

Posted February 16th, 2015 in damages, employment, news, police, race discrimination, racism, sex discrimination, tribunals by sally

‘The Metropolitan Police has agreed a final settlement with an officer it discriminated against.’

BBC News, 14th February 2015

Source: www.bbc.co.uk

Important Presidential decision on costs in immigration cases – Free Movement

Posted February 13th, 2015 in costs, immigration, news, tribunals by sally

‘The Presidents of the Immigration and Asylum Chambers sat together in the First-tier Tribunal case of Cancino (costs – First-tier Tribunal – new powers) [2015] UKFTT 00059 (IAC) in order to give guidance on when legal costs might become payable in immigration cases. The power to make awards of legal costs to a party in immigration appeals was only introduced in October 2014 and there has been no real guidance until now.’

Free Movement, 13th February 2015

Source: www.freemovement.org.uk

Council wins appeal in lead case on bedroom tax and shared residence of child – Local Government Lawyer

Posted February 10th, 2015 in appeals, housing, local government, news, residence orders, taxation, tribunals by sally

‘The Upper Tribunal has upheld a local authority’s appeal in the lead case on the application of the “bedroom tax” to the shared residence of a child.’

Local Government Lawyer, 10th February 2015

Source: www.localgovernmentlawyer.co.uk

The Algebra of FOIA – Panopticon

Posted February 9th, 2015 in disclosure, freedom of information, news, public interest, tribunals by sally

‘It is no matter of Euclidian geometry to say that where x + y = z, and z = 13, being told what y equals one need not be Pythagoras to establish the value of x. But what happens when z is in the public domain, x is absolutely exempt information under FOIA (because it is caught by section 23(1)) and the public interest otherwise favours the disclosure of y, which is not the subject of an exemption? Inevitably, the effect of disclosure is that the absolutely exempt information is also revealed. The Interim Decision of the Upper Tribunal in Home Office v ICO & Cobain [2014] UKUT 306 (AAC) was that the Tribunal had to consider whether it was appropriate to utilise the section 50(4) FOIA power so as not to direct disclosure. The issue may be formulaic, but the answer is not.’

Panopticon, 6th February 2015

Source: www.panopticonblog.com

Advocate general: Employment Appeal Tribunal was wrong in ‘Woolworths’ collective redundancy case – OUT-LAW.com

Posted February 6th, 2015 in consultations, EC law, news, redundancy, tribunals by sally

‘UK rules limiting collective consultation requirements to cases where an employer was proposing 20 or more redundancies “at one establishment” are compatible with EU law, according to an adviser to the EU’s highest court.’

OUT-LAW.com, 5th February 2015

Source: www.out-law.com

Tribunal tells council to disclose redactions from housing viability assessment – Local Government Lawyer

Posted February 6th, 2015 in disclosure, housing, local government, news, planning, tribunals by sally

‘The First-tier Tribunal has ordered a London council to disclose redacted information in a viability assessment that led to the authority allowing a developer to vary the amount of affordable housing on a major site.’

Local Government Lawyer, 6th February 2015

Source: www.localgovernmentlawyer.co.uk

Theresa May wins rapist deportation appeal – BBC News

Posted February 5th, 2015 in appeals, deportation, immigration, news, public interest, rape, tribunals by sally

‘A ruling that prevented the deportation of a Somali man who raped a pregnant woman has been successfully challenged by the home secretary.’

BBC News, 5th February 2015

Source: www.bbc.co.uk

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