Back & forth – New Law Journal
‘Chris Bryden & Michael Salter discuss some of the key developments of 2013 & share a few predictions.’
New Law Journal, 11th December 2013
Source: www.newlawjournal.co.uk
Category: tribunals
Dental plan provided VAT-exempt ‘payment services’ to patients, Tribunal finds – OUT-LAW.com
‘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.’
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
‘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
‘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
‘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.’
Employment Law Blog, 5th December 2013
Source: www.employment11kbw.com
Sickness benefits legal challenge to continue – BBC News
‘Two people with mental health problems can continue their challenge against government tests for sickness benefit, the Court of Appeal has ruled.’
BBC News, 4th December 2013
Source: www.bbc.co.uk
Ex-Times lawyer to face tribunal over claims he allowed court to be misled – The Guardian
‘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.’
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
‘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.’
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
‘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.’
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
‘A new ruling issued by an Information Rights Tribunal should not deter businesses from owning up to data breaches, an expert has said.’
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
‘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
‘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.’
Panopticon, 22nd November 2013
Source: www.panopticonblog.com
The Upper Tribunal’s first consideration of monetary penalty notices by Julian Milford – Panopticon
‘Upper Tribunal has just issued judgment in Central London Community Healthcare NHS Trust v Information Commissioner [2013] UKUT 0551. This significant decision is the first time the Upper Tribunal has considered an appeal against a monetary penalty notice (“MPN”), issued by the Commissioner under section 55A Data Protection Act 1998 (“DPA”).’
Panopticon, 21st November 2013
Source: www.panopticonblog.com
Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court
Supreme Court, 20th November 2013
Aspinalls Club Ltd v Revenue and Customs Comrs – WLR Daily
Aspinalls Club Ltd v Revenue and Customs Comrs 2013 EWCA Civ 1464; [2013] WLR (D) 441
“For the purposes of section 11 of the Finance Act 1997, when calculating the ‘gross gaming yield’ from gaming taking place on a gaming club’s premises, commissions and rebates paid and allowed by the gambling club to its customers under incentive schemes there were not to be taken into account as reducing the amount of ‘banker’s profits’ from dutiable gaming.”
WLR Daily, 15th November 2013
Source: www.iclr.co.uk
Proving Match Fixing: Lessons from the Stephen Lee case – Sports Law Bulletin from Blackstone Chambers
“The career-ending 12 year ban imposed on World No.8 snooker player Stephen Lee in September this year shook the snooker world. But the Decision of the sports disciplinary tribunal holds an important lesson for the fight against sport-fixing more generally.”
Sports Law Bulletin from Blackstone Chambers, 18th November 2013
Source: www.sportslawbulletin.org
Confidentiality of medical information after patient’s death: two new Upper Tribunal decisions – Panopticon
“The absolute exemption at section 41 extends to information obtained by the public authority the disclosure of which would give to an actionable breach of confidence. Does the obligation of confidence survive the death of the confider? If so, would a breach of that obligation be actionable, even if it is not clear exactly who could bring such an action? These issues arise most notably in the context of medical records. The Upper Tribunal has had something to say on this in two recent decisions.”
Panopticon, 14th November 2013
Source: www.panopticonblog.com
W H Newson Holding Ltd and others v IMI plc and others – WLR Daily
W H Newson Holding Ltd and others v IMI plc and others [2013] EWCA Civ 1377: [2013] WLR (D) 432
“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
McCririck loses discrimination case – BBC News
“Racing pundit John McCririck lost his job at Channel 4 because his ‘pantomime persona’ was ‘unpalatable’ to a wide audience, an employment tribunal ruled.”
BBC News, 13th November 2013
Source: www.bbc.co.uk
