‘A tribunal is to hear a legal challenge by civil liberty groups against the alleged use of mass surveillance programmes by UK intelligence services.’
BBC News, 14th July 2014
Source: www.bbc.co.uk
‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’
WLR Daily, 1st July 2014
Source: www.iclr.co.uk
The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller.
NearlyLegal, 6th July 2014
Source: www.nearlylegal.co.uk
‘The Information Commissioner’s Office (ICO) has lost its appeal against a decision to overturn a £300,000 monetary penalty it served on an individual for his part in what the watchdog claimed was a serious breach of UK privacy laws.’
OUT-LAW.com, 23rd June 2014
Source: www.out-law.com
‘The spamming industry is a decidedly irritating but sadly almost unavoidable feature of our networked world. There is no question but that spamming (i.e. the sending of unsolicited direct marketing electronic communications) constitutes an unlawful invasion of our privacy (see further regs 22-23 of the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (PECR), implemented under EU Directive 2002/21/EC). The question is what can be done to stop it, particularly given that individual citizens will typically not want to waste their time litigating over the odd spam email or text?’
Panopticon, 19th June 2014
Source: www.panopticonblog.com
‘Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and, potentially, acts as an additional source of commission for landlords, itself a very contentious issue). Well, in Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC), the Upper Tribunal has given an unqualified endorsement of terrorism insurance and, in the process, may well have greatly extended the number of properties which are now required to obtain such insurance.’
NearlyLegal, 13th June 2014
Source: www.nearlylegal.co.uk
‘The outgoing head of the tribunal which hears appeals relating to social security benefits has said that the work capability assessment (WCA) has undergone “virtual collapse” and accused the Department for Work and Pensions of being overly optimistic about the pace at which fit-for-work tests were being carried out.’
The Guardian, 11th June 2014
Source: www.guardian.co.uk
‘The Crown Prosecution Service has been told it must reveal details about its decision not to prosecute the former Rochdale MP Cyril Smith for alleged offences against children.’
BBC News, 9th June 2014
Source: www.bbc.co.uk
‘Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals.’
NearlyLegal, 6th June 2014
Source: www.nearlylegal.co.uk
‘A council has won an appeal to the First-Tier Tribunal over its refusal to meet a freedom of information request for the disclosure of legal advice given to a consultant conducting an investigation on the authority’s behalf.’
Local Government Lawyer, 3rd June 2014
Source: www.localgovernmentlawyer.co.uk
‘The Home Secretary, Theresa May, has been accused of acting unlawfully by forcing the removal of failed Somali asylum-seekers to Mogadishu where they fear they will be murdered by Islamic militants. In what is being seen as a test case affecting thousands of Somalis in Britain, a judge has granted an injunction at the last minute halting the removal of a 23-year-old man, identified only as Abdullah, who was due to be flown back to Mogadishu on Tuesday.’
The Independent, 3rd June 2014
Source: www.independent.co.uk
‘Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes.’
NearlyLegal, 2nd June 2014
Source: www.nearlylegal.co.uk
‘Foreign criminal jailed for causing death of 10-month-old daughter overturns Home Office deportation bid by arguing it would breach her human rights.’
Daily Telegraph, 2nd June 2014
Source: www.telegraph.co.uk
‘A tribunal conducting asylum proceedings could admit, as expert evidence, a report by an organisation based on a telephone interview with an asylum claimant in which its analysts commented on the likelihood of that person originating from his claimed place of origin, based on the person’s dialect and answers to questions about the area in question, even though the report was in the name of the organisation rather than an individual and those contributing to it were identified only by serial numbers. However it was necessary for the tribunal in each particular case to be satisfied that the anonymity was necessary, with safeguards for the claimant in place, and that the authors of the report had demonstrated that they had relevant expertise for each matter on which they had commented.’
WLR Daily, 21st May 2014
‘Fisher v Howard De Walden Estate Ltd RAP/19/2013 is that rare thing – a citeable permission to appeal decision from the UT(LC) (remembering that in Re Bradmoss [2012] UKUT 3 (LC), the UT(LC) had disapproved of reliance on permission decisions.’
NearlyLegal, 25th May 2014
Source: www.nearlylegal.co.uk
‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’
WLR Daily, 19th May 2014
Source: www.iclr.co.uk
‘Hire purchase (HP) agreements will not necessarily amount to a supply of goods for the purposes of VAT liability at the outset of the contract, the UK’s Upper Tax Tribunal has ruled.’
OUT-LAW.com, 19th May 2014
Source: www.out-law.com
‘The seriousness of the incident and subsequent “tragic death” of the mother-of-three warranted the suspension of both doctors’ licence to practise, says head of GMC.’
Daily Telegraph, 15th May 2014
Source: www.telegraph.co.uk
‘Somali man convicted of manslaughter defeats bid to remove him from Britain, despite being single man with no children.’
Daily Telegraph, 12th May 2014
Source: www.telegraph.co.uk
Regina (O Twelve Baytree Ltd) v Rent Assessment Panel: [2014] EWHC 1229 (Admin); [2014] WLR (D) 185
‘Notwithstanding that an applicant had given notice of its intention to withdraw an application under section 84(3) of the Commonhold and Leasehold Reform Act 2002 for determination of its right to manage premises, the Rent Assessment Panel retained jurisdiction and could either decide to dismiss the application or proceed to determine the application.’
WLR Daily, 16th April 2014
Source: www.iclr.co.uk
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