Category: tribunals

Sex in the IPT – Panopticon

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

“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.”

Full story

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).”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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 sally

“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.”

Full story

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 sally

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

Full story

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 sally

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

Full story

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 sally

“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.”

Full story

The Independent, 21st October 2013

Source: www.independent.co.uk

High Court rejects challenge to BSB disciplinary tribunals – Legal Futures

Posted October 17th, 2013 in appeals, barristers, disciplinary procedures, inns of court, news, tribunals by sally

“A High Court judgment that refused three applications for judicial review of barristers’ disciplinary decisions is to be appealed, after the court found that anomalies in tribunal panel member appointments did not affect the validity of the findings.”

Full story

Legal Futures, 17th October 2013

Source: www.legalfutures.co.uk

Surveillance tribunal may allow publicity – The Guardian

Posted October 15th, 2013 in complaints, intelligence services, investigatory powers, news, police, private hearings, tribunals by sally

“The new president of the court that examines complaints about the intelligence services and government surveillance has indicated he may publish advance notice of its public hearings for the first time.”

Full story

The Guardian, 14th October 2013

Source: www.guardian.co.uk

Behind closed doors: how to avoid the problems of private proceedings – Sports Law Bulletin from Blackstone Chambers

Posted October 11th, 2013 in news, private hearings, sport, tribunals by sally

“Arbitration is increasingly sport’s forum of choice for determining disputes. But the widespread adoption of this private and confidential process brings problems of its own. For example, how can parties ensure consistency of decision-making if they are unable to access decisions that have gone before? And what is to be done if different parties have the same dispute with a governing body, but there is no consent that the disputes be heard together?”

Full story

Sports Law Bulletin from Blackstone Chambers, 10th October 2013

Source: www.sportslawbulletin.org

Cats, bags, rings and rooms: the problem of confidentiality – Competition Bulletin from Blackstone Chambers

Posted October 11th, 2013 in competition, confidentiality, news, tribunals by sally

“Dealing with confidential information in competition cases can be tricky. The CAT’s recent judgment in BMI Healthcare and others v Competition Commission [2013] CAT 241 provides some help.”

Full story

Competition Bulletin from Blackstone Chambers, 11th October 2013

Source: www.competitionbulletin.com

Deportation of foreign criminals: the new immigration rules are a “complete code” – UK Human Rights Blog

Posted October 10th, 2013 in appeals, deportation, human rights, immigration, news, regulations, tribunals by sally

“MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192. In what circumstances can a foreign criminal resist deportation on the basis of his right to family life under Article 8 of the Convention? Until 2012 this question was governed entirely by judge-made case law. Then rules 398, 399 and 399A were introduced into the Immigration Rules HC 395.”

Full story

UK Human Rights Blog, 9th October 2013

Source: www.ukhumanrightsblog.com

Lord Sugar loses Apprentice tribunal legal costs bid – BBC News

Posted September 26th, 2013 in costs, news, tribunals, unfair dismissal by sally

“Lord Sugar’s bid to recover costs from the winner of TV’s The Apprentice after she lost a constructive dismissal claim against him has failed.”

Full story

BBC News, 25th September 2013

Source: www.bbc.co.uk

Changing rooms – NearlyLegal

Posted September 25th, 2013 in benefits, carers, disabled persons, housing, landlord & tenant, local government, news, tribunals by sally

“The bedroom tax First Tier Tribunal decisions are coming in now. And they are intriguing. In some ways, not a surprise, in others somewhat opaque. As well as the first Fife decision, there are another four Fife decisions that I’ve now seen, and a rather frustrating one from Westminster.”

Full story

NearlyLegal, 24th September 2013

Source: www.nearlylegal.co.uk