“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.”
The Guardian, 14th October 2013
Source: www.guardian.co.uk
“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?”
Sports Law Bulletin from Blackstone Chambers, 10th October 2013
Source: www.sportslawbulletin.org
“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.”
Competition Bulletin from Blackstone Chambers, 11th October 2013
Source: www.competitionbulletin.com
“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.”
UK Human Rights Blog, 9th October 2013
Source: www.ukhumanrightsblog.com
“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.”
BBC News, 25th September 2013
Source: www.bbc.co.uk
“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.”
NearlyLegal, 24th September 2013
Source: www.nearlylegal.co.uk
“Law can be expensive.
This is particularly so in relation to the process of law, i.e. the costs of going to the law. By this I mean things such as the court or tribunal fees, but particularly the costs of the lawyers. If you lose in civil litigation, the normal rule is that you’ve got to pay not just for your own lawyers, but for the other side’s too. Due to the way that costs are assessed and recovered, even the winner often has to foot the bill for some their own lawyers’ fees. It is fair to say that the general public doesn’t think too highly of the fees charged by lawyers. Now, a lot of the criticism is unfair (‘If you think a professional is expensive, wait ’til you try an amateur’) and based on misinformation and misunderstanding. Nonetheless, there is force in some of the criticism.”
NearlyLegal, 24th September 2013
Source: www.nearlylegal.co.uk
“Charles Crow considers how Claimants can move their cases between the Tribunal and the Court without getting caught by the doctrine of estoppel.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
“There is much current debate over judicial review, prompted in large part by successive government consultation papers. This note provides an overview of recent developments concerning immigration judicial reviews, which have, for many years, provided the bulk of all judicial review claims.”
UK Constitutional Law Group, 12th September 2013
Source: www.ukconstitutionallaw.org
“A single system of fee remission, based on a combination of claimants’ income and ‘disposable capital’, will be introduced across all courts and tribunals, including employment tribunals, the Government has announced.”
OUT-LAW.com, 10th September 2013
Source: www.out-law.com
“At least less risky for property investors. That is the basis of the Upper Tribunal’s decision in Voyvoda v Grosvenor West End Properties, which we have managed to miss reporting because of the Summer break.”
NearlyLegal, 3rd September 2013
Source: www.nearlylegal.co.uk
“We’re back to school with a bang with the decision of the Upper Tribunal in WH v Warrington BC [2013] UKUT 0391 (AAC) where Judge Williams declined to follow O v Lewisham [2007] EWHC 2130 (Admin) and instead held that the only relevant “public expenditure” for the purposes of section 9 of the Education Act 1996 is that which comes out of the local authority’s education budget.”
Education Law Blog, 1st September 2013
Source: www.education11kbw.com
“Plans for future wind farms in Britain could be in jeopardy after a United Nations legal tribunal ruled that the UK Government acted illegally by denying the public decision-making powers over their approval and the ‘necessary information’ over their benefits or adverse effects.”
The Independent, 27th August 2013
Source: www.independent.co.uk
“The Information Commissioner’s Office should not have imposed a £250,000 fine on Scottish Borders Council for a data breach, the First-tier Tribunal (FTT) has ruled.”
Local Government Lawyer, 22nd August 2013
Source: www.localgovernmentlawyer.co.uk
“Sometimes the draftsman gets it wrong. Sometimes his only mistake is to fail to predict the future. Either way a landlord can face a serious shortfall if the combined percentages of service charges payable under the leases for the block do not add up to 100%. While at first blush, the landlord’s shortfall is the tenants’ windfall, defective leases can seem a much less attractive prospect if the result is that the landlord is reluctant to provide services.”
Full story (PDF)
Tanfield Chambers, 27th July 2013
Source: www.tanfieldchambers.co.uk
“A decision by the Financial Services Authority to take no further action against the addressee of a warning notice or decision notice did not become irrevocable or take effect as a discontinuance of proceedings unless it had been communicated to that individual by a notice in accordance with section 389 of the Financial Services and Markets Act 2000.”
WLR Daily, 29th July 2013
Source: www.iclr.co.uk
Sud v Ealing London Borough Council [2013] EWCA Civ 949; [2013] WLR (D) 320
“Although an award of costs against a paying party in the employment tribunal was an exceptional event, the tribunal should focus principally on the criteria established in rule 40 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. Where the tribunal concluded that the party’s conduct of the proceedings had been unreasonable it was necessary for the court to identify the particular unreasonable conduct, along with its effect. That was not a process that entailed a detailed or minute assessment, but instead the court should adopt a broad brush approach, against the background of the totality of the relevant circumstances.”
WLR Daily, 30th July 2013
Source: www.iclr.co.uk
“The Court of Appeal has ruled against a stamp duty land tax (SDLT) avoidance scheme involving the interaction of the sub-sale and partnership rules, overturning earlier decisions by the First Tier and Upper Tax Tribunals.”
OUT-LAW.com, 30th July 2013
Source: www.out-law.com
“A German woman who was jailed for locking up her three children in squalid conditions has won a legal challenge against the Home Office’s bid to deport her, The Telegraph can disclose.”
Daily Telegraph, 30th July 2013
Source: www.telegraph.co.uk
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