‘Disclosure of information about children, pursuant to a request under the Freedom of Information Act 2000 (FoI), is always a difficult issue and the natural reaction of public authorities is to err on the side of caution.’
Law Society’s Gazette, 1st September 2014
Source: www.lawgazette.co.uk
‘In Norseman Gold plc v HMRC[1] the First-tier Tribunal (Judge Colin Bishopp) (“FTT”) dismissed an appeal by Norseman Gold plc (“Norseman”) against assessments made pursuant to section 73 VATA 1994 to recover input tax which had been claimed by it, on the basis that as Norseman had not imposed a charge for its services to its subsidiary companies, there was no taxable supply, for which the company could recover the VAT incurred.’
Commercial Disputes Blog, 27th August 2014
Source: www.rpc.co.uk
‘No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on tenancy agreements.’
NearlyLegal, 24th August 2014
Source: www.nearlylegal.co.uk
‘Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber).’
NearlyLegal, 21st August 2014
Source: www.nearlylegal.co.uk/blog/
‘Information rights tribunals will be able to provide binding rulings on public bodies’ re-use of non-personal information under new plans unveiled by the UK government’
OUT-LAW.com, 20th August 2014
Source: www.out-law.com
‘Judges could determine the outcome of some information rights tribunal cases on their own in future under just-published proposals.’
OUT-LAW.com, 19th August 2014
Source: www.out-law.com
‘The taxpayer has been left to foot a £220m bill after a tribunal ruled that a government contract awarded to a US defence firm to deliver the e-borders programme was unlawfully terminated.’
The Guardian, 19th August 2014
Source: www.guardian.co.uk
‘The Senior President of Tribunals, Sullivan LJ, has launched a consultation paper on altering the composition of the First-tier Tribunal (General Regulatory Chamber) in some Information Rights cases. With the support of GRC Chamber President, Judge Warren, it is proposed to remove the requirement that a judge sit with two non-legal members and allow the Chamber President flexibility to direct that certain cases be heard by a judge alone.’
Panopticon, 18th August 2014
Source: www.panopticonblog.com
‘Eleven female carers to the elderly are taking their employers to a tribunal claiming they were only paid by the minutes they spent with clients rather than their rostered working hours. The staff, who were on zero-hours contracts, allege that, due to the arrangements, they were paid less than the minimum wage of £6.31 an hour. It is understood that some of the employees at Apex Care in Romsey, Hampshire, where the firm was commissioned to provide the home care service by the council, believe their real hourly wage was close to £3.50.’
The Guardian, 17th August 2014
Source: www.guardian.co.uk
‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’
Full story (PDF)
Henderson Chambers, 8th July 2014
Source: www.hendersonchambers.co.uk
‘Public bodies defending a decision to withhold information requested under freedom of information (FOI) laws can submit evidence to an information rights tribunal in secret, the Court of Appeal has ruled.’
OUT-LAW.com, 4th August 2014
Source: www.out-law.com
‘Last month I penned a post on the issue of how the principle of natural justice can be reconciled with the use of closed procedures in FOIA appeals. The post was written against the backdrop of the Court of Appeal hearing of the appeal in the Browning case. Today the Court of Appeal has handed down its judgment. Mr Browning’s appeal was dismissed.’
Panopticon, 30th July 2014
Source: www.panopticonblog.com
Browning v Information Commissioner and Another [2014] EWCA Civ 1050; [2014] WLR (D) 346
‘The First-tier Tribunal (General Regulatory Chamber) Rules 2009 permitted the tribunal when hearing an appeal against a decision of the Information Commissioner to adopt a closed material procedure in which a party and his legal representatives were excluded from the hearing or part of it.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
‘Women are being priced out of justice in the workplace, according to figures which show the number of sex discrimination claims brought by women against employers have fallen 80 per cent since court charges were introduced.’
The Independent, 29th July 2014
Source: www.independent.co.uk
‘The UK’s highest court will rule on a landmark decision of whether illegal immigrants should be deprived of fundamental workers’ rights, following the appeal of a Nigerian national who was trafficked into the UK. Judges from the Supreme Court, including Britain’s most senior female judge Lady Hale, will deliver the verdict on Wednesday in a case which could set an important precedent for the rights of workers found to be treated as modern-day slaves.’
The Independent, 27th July 2014
Source: www.independent.co.uk
‘The question of whether information is ‘held’ by a public authority for FOIA or EIR purposes can raise difficulties. This is especially so where the boundaries between public and private service provision are blurred: consider outsourcing, privatisation of services, public/private partnerships, joint ventures, the use of external consultants and so on. Legal separation and practical day-to-day realities can often point in different directions in terms of who holds information on whose behalf.’
Panopticon, 16th July 2014
Source: www.panopticonblog.com
‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’
OUT-LAW.com, 11th July 2014
Source: www.out-law.com
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