Category: tribunals

The Upper Tribunal’s first consideration of monetary penalty notices by Julian Milford – Panopticon

Posted November 22nd, 2013 in appeals, data protection, fines, hospitals, news, penalties, tribunals by tracey

‘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”).’

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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

Posted November 21st, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by sally

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) [2013] UKSC 72 (YouTube)

Supreme Court, 20th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Aspinalls Club Ltd v Revenue and Customs Comrs – WLR Daily

Posted November 20th, 2013 in appeals, gambling, law reports, taxation, tribunals by sally

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

Posted November 19th, 2013 in disciplinary procedures, disqualification, evidence, news, sport, standard of proof, tribunals by sally

“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.”

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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

Posted November 15th, 2013 in appeals, confidentiality, freedom of information, medical records, news, tribunals by tracey

“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.”

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Panopticon, 14th November 2013

Source: www.panopticonblog.com

W H Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted November 14th, 2013 in appeals, competition, conspiracy, jurisdiction, law reports, striking out, tribunals by tracey

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

Posted November 13th, 2013 in age discrimination, media, tribunals by tracey

“Racing pundit John McCririck lost his job at Channel 4 because his ‘pantomime persona’ was ‘unpalatable’ to a wide audience, an employment tribunal ruled.”

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BBC News, 13th November 2013

Source: www.bbc.co.uk

Sex in the IPT – Panopticon

Posted November 12th, 2013 in appeals, investigatory powers, news, police, stay of proceedings, tribunals by tracey

“As with all the best headlines, this one is slightly misleading. Readers can scarcely fail to have noticed the coverage surrounding the major ongoing case regarding a former undercover (under-the-covers?) police officer, Mark Kennedy, who (together with others) infiltrated political and environmental activists over a period of years. Claims were commenced in the High Court, with part of the conduct complained of involving ensuing sexual relations between activists/their partners and undercover officers.”

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Panopticon, 8th November 2013

Source: www.panopticonblog.com

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others- WLR Daily

Posted November 11th, 2013 in human rights, investigatory powers, law reports, personal injuries, police, professional conduct, tribunals by michael

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others [2013] EWCA Civ 1342;   [2013] WLR (D)  424

“An intimate sexual relationship instigated by an undercover police officer with a member of the public to obtain information was included in the phrase ‘personal or other relationship’ in section 26(8)(a) of the Regulation of Investigatory Powers Act 2000, and as such was conduct of the type which could be authorised under section 27 of the Act. Human rights claims arising out of such conduct carried out in ‘challengeable circumstances’ came within the exclusive jurisdiction of the Investigatory Powers Tribunal under section 65 of the 2000 Act. Claims in tort arising out of substantially the same facts could proceed in the High Court.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

Sannie and another v Secretary of State for the Home Department – WLR Daily

Posted November 6th, 2013 in appeals, immigration, law reports, ministers' powers and duties, tribunals by sally

Sannie and another v Secretary of State for the Home Department [2013] WLR (D) 419

“A European Economic Area residence card did not exist in perpetuity once granted and the Secretary of State for the Home Department could revoke a residence card if a lack of entitlement was established.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

Investigatory Powers Tribunal – BBC Law in Action

Posted November 6th, 2013 in armed forces, complaints, intelligence services, investigatory powers, local government, news, police, tribunals by sally

“Law in Action speaks exclusively to Mr Justice Burton, president of the Investigatory Powers Tribunal – a judicial body, independent of the government, which considers complaints brought against the intelligence services, the police, military and local authorities. It specifically investigates whether surveillance has been conducted in a lawful manner.”

Listen

BBC Law in Action, 5th November 2013

Source: www.bbc.co.uk

Liz Fisher: The Proposal for a New Specialist Planning Chamber and the Framing of Administrative Law – UK Constitutional Law Group

Posted November 1st, 2013 in courts, environmental protection, judicial review, news, planning, tribunals by sally

“One of proposals in the Ministry of Justice’s paper on Judicial Review: Proposals for Further Reform is the creation of a new specialist planning chamber as part of the Upper Tribunal. While planning tends to be thought of as a niche area of public law (and a technically dense one at that) the way in which the paper frames discussion should give public lawyers pause for thought. This is particularly when planning judicial reviews have often been cited by government representatives as examples of why reform is needed to judicial review. The Further Reforms paper is no exception – the only two ‘case studies’ (albeit no case names) given in the paper are of judicial review of planning decisions (p 5 and 6).”

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UK Constitutional Law Group, 1st November 2013

Source: www.ukconstitutionallaw.org

HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same – WLR Daily

Posted October 30th, 2013 in appeals, EC law, human rights, immigration, Iraq, law reports, tribunals by sally

HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same [2013] EWCA Civ 1276; [2013] WLR (D) 407

“There was no presumption that the eligibility guidelines issued by the UNHCR in relation to Iraq should be followed unless there were cogent reasons for not doing so.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Barrister to be disbarred for £900,000 fraud – Bar Standards Board

Posted October 29th, 2013 in barristers, disciplinary procedures, disqualification, fraud, news, tribunals by sally

“A public disciplinary tribunal has ordered the disbarment of a barrister for dishonest conduct following convictions for a range of fraud offences amounting to around £900,000.”

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Bar Standards Board, 24th October 2013

Source: www.barstandardsboard.org.uk

Two new Upper Tribunal decisions: commercial confidentiality, ministerial communications – Panopticon

Posted October 28th, 2013 in confidentiality, disclosure, news, public interest, tribunals by sally

“The Upper Tribunal has issued two decisions on information rights matters this week. Both are by Upper Tribunal Judge David Williams, and both include substantive treatments of some of the issues that arise most commonly in information rights litigation.”

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Panopticon, 25th October 2013

Source: www.panopticonblog.com

Woman who ‘cannot work because of a shoe allergy’ sees benefits stopped – Daily Telegraph

Posted October 25th, 2013 in allergies, appeals, benefits, disabled persons, employment, health, news, social security, tribunals by sally

“A woman who claimed £100,000 in disability benefits because of a shoe allergy must return to work, officials say.”

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Daily Telegraph, 24th October 2013

Source: www.telegraph.co.uk

Penalties, PECR and PPI – Panopticon

Posted October 22nd, 2013 in appeals, data protection, EC law, insurance, news, penalties, telecommunications, tribunals by tracey

“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”

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Panopticon, 22nd October 2013

Source: www.panopticonblog.com

A Rough Guide to the Civil Appeal System in England and Wales – Garden Court Chambers Blog

Posted October 22nd, 2013 in appeals, civil justice, courts, judicial review, news, Supreme Court, tribunals by tracey

“As part of a recent EU project, Marc Willers has produced this rough guide to the Civil Appeal System in England and Wales.”

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Garden Court Chambers Blog, 22nd October 2013

Source: www.gclaw.wordpress.com

Unison to challenge employment tribunal fees in High Court – Daily Telegraph

Posted October 22nd, 2013 in employment tribunals, fees, human rights, news, trade unions, tribunals by tracey

“The union is bringing a legal challenge over the introduction of fees for employment tribunals to the High Court tomorrow.”

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Daily Telegraph, 21st October 2013

Source: www.telegraph.co.uk

Devout beekeepers win right to refuse switchover to online VAT returns – The Independent

Posted October 22nd, 2013 in documents, internet, news, religious discrimination, taxation, tribunals, VAT by tracey

“Two devoutly religious beekeepers who reject modern technology have won the right not to fill in their VAT returns online after claiming it breached their human rights.”

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The Independent, 21st October 2013

Source: www.independent.co.uk