‘The First Tier Tribunal (Property Chamber) has just been asked to decide whether it has jurisdiction to make a determination as to whether a restrictive covenant is void and unenforceable pursuant to the “Chapter I Prohibition” under the Competition Act 1998 (“the Act”).’
Hardwicke Chambers, 5th March 2014
Source: www.hardwicke.co.uk
‘Five police forces have appealed against a ruling that their use of a regulation to make older officers retire was not “proportionate”.’
BBC News, 3rd March 2014
Source: www.bbc.co.uk
‘Some FOIA ‘mantras’ frustrate requesters, such as judging matters as at the time of the request/refusal, regardless of subsequent events. Others tend to frustrate public authorities, such as ‘motive blindness’. A recent Tribunal discusses and illustrates both principles – in the context of the distress (including a danger to mental health) likely to arise from disclosure.’
Panopticon, 26th February 2014
Source: www.panopticonblog.com
‘The English Bridge Union loses legal challenge against HM Revenue and Customs aimed at reclaiming VAT on competition entry fees.’
Daily Telegraph, 24th February 2014
Source: www.telegraph.co.uk
‘A recent decision by the Technology and Construction division of the High Court has underlined how unlikely it is that a court will interfere with an award made by an arbitration tribunal.’
OUT-LAW.com, 19th February 2014
Source: www.out-law.com
‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’
NearlyLegal, 18th February 2014
Source: www.nearlylegal.co.uk
‘Victoria Wheatley, part of the armed unit which protects the Sellafield atomic complex, could not reach her weapon’s trigger’
Daily Telegraph, 17th February 2014
Source: www.telegraph.co.uk
‘A police officer who chased and then smashed a pensioner’s car window has won £440,000 after a tribunal found he left his job after becoming a “laughing stock” among his colleagues when a video of the incident appeared online.’
The Guardian, 5th February 2014
Source: www.guardian.co.uk
‘On the 24th January 2014 the First-Tier Tribunal (Health, Education and Social Care)(Mental Health) published its reasons for the Tribunal’s decision regarding Mr Brady’s application for discharge which had received wide-ranging media attention at the latter end of 2013. Mr Brady’s application was to be discharged from Ashworth High Secure Hospital and be returned to prison. There was no possibility of him being discharged directly into the community by the Tribunal. He is now 75 years old.’
Sovereign Chambers, 29th January 2014
Source: www.sovereignchambers.co.uk
‘We all know that section 1 gives us a right to request information from listed public authorities, but what does “information” mean? Information is defined by section 84 of FOIA (“‘information’ (subject to sections 51(8) and 75(2)) means information recorded in any form”). This somewhat opaque definition has generally been treated as meaning that a request is for information. It is not for copies of documents. If the public authority wants to type out the document in a different format, they can, so long as the information contained within that document is provided.’
Panopticon, 28th January 2014
Source: www.panopticonblog.com
Reed Employment Ltd v Revenue and Customs Comrs [2014] EWCA Civ 32; [2014] WLR (D) 23
‘Section 80(3) of the Value Added Tax Act 1994, as inserted, which gave the revenue a possible defence of unjust enrichment for claims made after 26 May 2005 for the recovery of overpaid VAT, without regard to the period in respect of which the claim was made, was not unlawful.’
WLR Daily, 23rd Janaury 2014
Source: www.iclr.co.uk
‘There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of ‘bedroom’. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though addressing LHA rather than the bedroom tax.’
NearlyLegal, 26th January 2014
Source: www.nearlylegal.co.uk
‘When an identifiable individual has been the subject of a formal complaint about their competence or conduct, that fact constitutes their personal data. In terms of privacy/publicity decisions, such situations are often approached in this way: where the complaint is well founded or at least merits serious consideration, publication is warranted, but otherwise confidentiality is maintained, lest unjustified aspersions be cast against that person.’
Panopticon, 17th January 2014
Source: www.panopticonblog.com
‘A local authority has won an appeal in the First-Tier Tribunal over an Information Commissioner decision that it should disclose legal advice related to the redevelopment of a town centre.’
Local Government Lawyer, 15th January 2014
Source: www.localgovernmentlawyer.co.uk
‘I have commented in previous posts on how infrequently the Data Protection Act 1998 has been the subject of substantive litigation before the courts. One consequence of this is persistent uncertainty over how pivotal concepts such as “personal data” are to be analysed and approached. Last year, the High Court in Kelway v The Upper Tribunal, Northumbria Police and the Information Commissioner (2013) EWHC 2575 (Admin) considered how “personal data” issues should be approached.’
Panopticon, 9th January 2014
Source: www.panopticonblog.com
‘Before I come to the facts of Scriven and others v Calthorpe Estates [2013] UKUT 469 (LC), I need, I think, to give a fair bit of background. Even by the comprehensive standards of NL, this is pretty obscure.’
NearlyLegal, 8th January 2014
Source: www.nearlylegal.co.uk
‘A Nigerian asylum seeker who starved himself for three months has lost his legal bid to stay in the UK.’
BBC News, 17th December 2013
Source: www.bbc.co.uk
‘The right to manage provisions in Commonhold and Leasehold Reform Act 2002 have been an incredibly fertile source of litigation. Thanks Parliament. No, really, thanks a lot. One reason might be the drafting of the legislation itself (as J has said, you could never accuse it of being user friendly) The challenges have focused on the two key elements – the qualifying criteria (or what I am loosely calling “qualifying criteria”) and the procedural requirements. The judicial trend in respect of both has been in favour of allowing the right to manage to be acquired, so far as possible (Exhibit 1 for qualifying criteria: Gala Unity v Ariadne Road; Exhibit 2 for procedure: Avon Freeholds v Regent Court RTM).’
NearlyLegal, 16th December 2013
Source: www.nearlylegal.co.uk
‘At a case management hearing in the LVT (as it then was) back in March 2013, the chair said that, whilst normally he would direct that the parties to that dispute should attempt mediation, he was aware that it was “usually pointless” doing so where public funds are at stake as public bodies generally cannot justify the arbitrary reductions that can be necessary for a mediation to succeed, and fear creating some form of precedent. Misguided as I thought the chair was, it did seem likely that he might have been speaking from many years of experience.’
Hardwicke Chambers, 3rd December 2013
Source: www.hardwicke.co.uk
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