Category: tribunals

Personal data and fitness to practice investigations – Tribunal overturns ‘neither confirm nor deny’ position – Panopticon

Posted January 20th, 2014 in complaints, confidentiality, data protection, disclosure, news, privacy, professional conduct, tribunals by sally

‘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.’

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Panopticon, 17th January 2014

Source: www.panopticonblog.com

Council wins tribunal appeal over disclosure of legal advice and EIR – Local Government Lawyer

Posted January 15th, 2014 in appeals, confidentiality, disclosure, local government, news, planning, privilege, public interest, solicitors, tribunals by tracey

‘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.’

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Local Government Lawyer, 15th January 2014

Source: www.localgovernmentlawyer.co.uk

Personal data: Tribunal analyses the ‘relates to’ and ‘identification’ limbs – Panopticon

Posted January 10th, 2014 in benefits, complaints, data protection, freedom of information, news, tribunals by tracey

‘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.’

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Panopticon, 9th January 2014

Source: www.panopticonblog.com

Putting it off – NearlyLegal

Posted January 9th, 2014 in housing, landlord & tenant, news, service charges, tribunals by sally

‘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.’

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NearlyLegal, 8th January 2014

Source: www.nearlylegal.co.uk

Isa Muazu loses legal battle after starving self – BBC News

Posted December 17th, 2013 in asylum, demonstrations, deportation, immigration, mental health, news, tribunals by sally

‘A Nigerian asylum seeker who starved himself for three months has lost his legal bid to stay in the UK.’

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BBC News, 17th December 2013

Source: www.bbc.co.uk

Don’t Think Twice, It’s All Right (To Manage) – NearlyLegal

Posted December 17th, 2013 in housing, leases, news, tribunals by sally

‘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).’

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NearlyLegal, 16th December 2013

Source: www.nearlylegal.co.uk

What role does mediation play in social housing? – Hardwicke Chambers

Posted December 12th, 2013 in arbitration, dispute resolution, housing, landlord & tenant, news, service charges, tribunals by sally

‘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.’

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Hardwicke Chambers, 3rd December 2013

Source: www.hardwicke.co.uk

Back & forth – New Law Journal

Posted December 12th, 2013 in employment, employment tribunals, fees, news, redundancy, tribunals by sally

‘Chris Bryden & Michael Salter discuss some of the key developments of 2013 & share a few predictions.’

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New Law Journal, 11th December 2013

Source: www.newlawjournal.co.uk

Dental plan provided VAT-exempt ‘payment services’ to patients, Tribunal finds – OUT-LAW.com

Posted December 10th, 2013 in dentists, health, news, tribunals, VAT by tracey

‘A dental payment plan provided to patients amounts to a “service for a consideration” for VAT purposes, but also falls within the payment services exemption under the VAT Directive, the First-Tier Tax Tribunal has ruled.’

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OUT-LAW.com, 6th December 2013

Source: www.out-law.com

Pokhriyal v Secretary of State for the Home Department Hussain v Same – WLR Daily

Posted December 9th, 2013 in education, immigration, interpretation, law reports, sponsored immigrants, tribunals by sally

Pokhriyal v Secretary of State for the Home Department; Hussain v Same [2013] EWCA Civ 1568; [2013] WLR (D) 471

‘Paragraph 120B of Appendix A to the Statement of Changes in Immigration Rules did not require that an academic institution accepting students from abroad for continuing studies under the points based system should expressly state that a proposed course constituted academic progress. The mere issue of a certificate of acceptance for studies constituted an assertion to that effect.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) – WLR Daily

Posted December 9th, 2013 in appeals, benefits, equality, law reports, mental health, tribunals by sally

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) [2013] EWCA Civ 1565 ; [2013] WLR (D) 469

‘The current process for assessing eligibility for employment and support allowance by way of a questionnaire and face-to-face interview placed mental health patients at a substantial disadvantage compared with other claimants. The Secretary of State therefore was under a duty under the Equality Act 2010 to make a reasonable adjustment to accommodate them.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

Mba, Article 9 and Indirect Discrimination – Employment Law Blog

Posted December 6th, 2013 in appeals, Christianity, employment, human rights, news, religious discrimination, tribunals by tracey

‘Ms Eweida, you may recall, is the British Airways employee who wanted to wear a cross on a necklace over her uniform so that others could see it. She considered that that was a religious belief. Over-simplifying, doing what she wanted to do meant a breach of her employer’s dress code. Ms Eweida complained that, amongst other things, she was the victim of an act of indirect discrimination.’

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Employment Law Blog, 5th December 2013

Source: www.employment11kbw.com

Sickness benefits legal challenge to continue – BBC News

Posted December 5th, 2013 in appeals, benefits, learning difficulties, mental health, news, sick leave, social security, tribunals by sally

‘Two people with mental health problems can continue their challenge against government tests for sickness benefit, the Court of Appeal has ruled.’

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BBC News, 4th December 2013

Source: www.bbc.co.uk

Prince Charles faces fresh challenge to secret communications with ministers – The Guardian

Posted December 4th, 2013 in bills, freedom of information, human rights, leases, lobbying, news, privilege, royal family, tribunals, veto by sally

‘Prince Charles is to face a fresh challenge to his secret communication channel to government ministers when a court is asked to reveal whether he lobbied for an exemption to property laws affecting his £800m estate.’

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The Guardian, 3rd December 2013

Source: www.guardian.co.uk

Ex-Times lawyer to face tribunal over claims he allowed court to be misled – The Guardian

Posted December 3rd, 2013 in disciplinary procedures, electronic mail, interception, media, news, professional conduct, solicitors, tribunals by sally

‘The former legal manager of the Times newspaper is to appear before a tribunal this week over an allegation that he allowed a court to be misled over the unmasking of a detective writing the anonymous Nightjack blog.’

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The Guardian, 2nd December 2013

Source: www.guardian.co.uk

Black chef suing boss after he used word ‘golliwog’ during conversation about Robertson’s jam – Daily Telegraph

Posted December 3rd, 2013 in harassment, news, racism, time limits, tribunals by sally

‘The chef’s lawyers are battling to convince judges the word is inherently offensive to black people and almost always discriminatory – no matter in what context it is used.’

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Daily Telegraph, 2nd December 2013

Source: www.telegraph.co.uk

Occasional visits to the UK did not stop an individual being non-resident, said judge – OUT-LAW.com

Posted November 28th, 2013 in domicile, housing, news, taxation, tribunals by tracey

‘An individual who periodically visited the UK was not UK resident as he had substantially loosened his family ties in the UK, according to the First Tier Tax Tribunal.’

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OUT-LAW.com, 27th November 2013

Source: www.out-law.com

Tribunal confirms self-reporting does not provide immunity from fines but expert urges firms to self-report data breaches – OUT-LAW.com

Posted November 27th, 2013 in appeals, data protection, fines, news, tribunals by tracey

‘A new ruling issued by an Information Rights Tribunal should not deter businesses from owning up to data breaches, an expert has said.’

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OUT-LAW.com, 26th November 2013

Source:  www.out-law.com

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same – WLR Daily

Posted November 26th, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by tracey

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same: [2013] UKSC 72; [2013] WLR (D)  450

‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

APPGER in the Upper Tribunal – Panopticon

Posted November 25th, 2013 in appeals, freedom of information, human rights, news, rendition, tribunals by tracey

‘The Upper Tribunal has finally handed down its judgment in All Party Parliamentary Group on Extraordinary Rendition v IC & Foreign and Commonwealth Office [2013] UKUT 560 (AAC). It is a judgment of Charles and Burnett JJ and Judge Wikeley. The appeal was from an FTT judgment which is analysed in detail by Rachel Kamm here. That post also contains the background to the case. In essence, the request was made by the APPGER for information relating to the participation of the UK in the practice of extraordinary rendition.’

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Panopticon, 22nd November 2013

Source: www.panopticonblog.com