Category: tribunals

EIR: when is information ‘held’? – Panopticon

Posted May 8th, 2013 in climate change, disclosure, electronic mail, freedom of information, news, tribunals, universities by sally

“One of the issues which commonly arises for information law practitioners is the question, which arises under both FOIA and the EIR, of whether a public authority actually holds the information which has been requested. The leading case on section 1(1) FOIA is University of Newcastle v IC & British Union for the Abolition of Vivisection [2011] UKUT 185 (AAC), [2011] 2 Info LR 54 and substantially the same approach has been adopted in, for example, Keiller v IC and University of East Anglia [2012] 1 Info LR 128 and Clyne v IC & London Borough of Lambeth [2012] 2 Info LR 24 in relation to regulation 3(2) EIR. What is required is a common-sense and non-technical approach. That, of course, is easier stated than applied.”

Full story

Panopticon, 7th May 2013

Source: www.panopticonblog.com

Who “holds” the working papers of the Climategate inquiry? – UK Human Rights Blog

Posted May 7th, 2013 in environmental health, freedom of information, news, tribunals, universities by sally

“In 2009 someone hacked into e-mails belonging to the Climate Research Unit at UEA and leaked them widely. Climate change sceptics whooped with delight because they thought that the e-mails showed attempts to suppress or gerrymander climate data (see e.g. this example from James Delingpole with some of the ticklish e-mails, and for more background, less tendentiously put, my post on an earlier UEA case). And the CRU data was important; it had made its way into the highly influential IPCC reports.”

Full story

UK Human Rights Blog, 7th May 2013

Source: www.ukhumanrightsblog.com

Parental choice of mainstream education – Education Law Blog

Posted May 7th, 2013 in education, news, parental rights, special educational needs, tribunals by sally

“In Harrow Council v AM [2013] UKUT 0157 (AAC), the Upper Tribunal considered a local authority’s obligations where a parent chose mainstream education for a child with complex special educational needs. The decision also discusses two important procedural issues, namely when a First-tier Tribunal can rely on its own knowledge without seeking views from the parties and its powers on review.”

Full story

Education Law Blog, 6th May 2013

Source: www.education11kbw.com

Daejan Investment Limited v Benson et al [2013] UKSC 14 – Zenith Chambers

Posted April 23rd, 2013 in consultations, landlord & tenant, news, Supreme Court, tribunals, valuation by sally

“This important case deals with the approach a leasehold valuation tribunal (LVT) should take in relation to applications for dispensation from complying with the consultation requirements.”

Full story (PDF)

Zenith Chambers, 23rd April 2013

Source: www.zenithchambers.co.uk

Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber) – WLR Daily

Posted April 19th, 2013 in compensation, criminal injuries compensation, law reports, suicide, Supreme Court, tribunals by tracey

Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber): [2013] UKSC 19;   [2013] WLR (D)  142

“Where a tribunal found that a person who had committed suicide had been reckless as to whether his action would also cause injury to some other person, and it had in fact done so an offence of inflicting grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 had been committed which was a ‘crime of violence’ entitling that other person to claim under the Criminal Injuries Compensation Scheme. However, the question as to what the offender had actually foreseen was for the First-tier Tribunal to answer, not an appellate court, which should not readily intervene in issues best left for determination by specialist appellate tribunals by classifying them as issues of law.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Simplified court fee waivers to save taxpayers £7m – Ministry of Justice

Posted April 19th, 2013 in consultations, courts, fees, press releases, tribunals by tracey

“A consultation published today sets out proposals for fee remissions (waivers) for courts and tribunals which are better targeted, fairer for the taxpayer and easy for users to understand.”

Full press release

Ministry of Justice, 18th April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

M25 suicide case demonstrates limits of court of appeal – The Guardian

Posted April 18th, 2013 in appeals, criminal injuries compensation, grievous bodily harm, news, personal injuries, suicide, Supreme Court, tribunals by sally

“Supreme court’s backing of initial tribunal reaffirms principle that suicidal people may not realise full effects of their actions.”

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The Guardian, 18th April 2013

Source: www.guardian.co.uk

Fee remissions for the courts and tribunals – Ministry of Justice

Posted April 18th, 2013 in consultations, courts, fees, news, tribunals by sally

“This consultation paper sets our proposals for reform of the fee remissions system, which ensures that access to justice is maintained for those individuals on lower incomes who would otherwise have difficultly paying a fee to use court or tribunal services.”

Full story

Ministry of Justice, 18th April 2013

Source: www.justice.gov.uk

Jones (by Caldwell) (Respondent) v First Tier Tribunal (Respondent) and Criminal Injuries Compensation Authority (Appellant) – Supreme Court

Posted April 18th, 2013 in criminal injuries compensation, grievous bodily harm, law reports, personal injuries, suicide, Supreme Court, tribunals by sally

Jones (by Caldwell) (Respondent) v First Tier Tribunal (Respondent) and Criminal Injuries Compensation Authority (Appellant) [2013] UKSC 19 | UKSC 2011/0123 (YouTube)

Supreme Court, 17th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Stamp duty land tax sub-sale relief scheme failed because a novation was not a transfer of rights, according to Tribunal – OUT-LAW.com

Posted April 10th, 2013 in contracts, news, stamp duty, tax avoidance, tribunals by sally

A scheme to avoid stamp duty land tax (SDLT) on the purchase of a London house, involving a novation of a contract, failed because SDLT sub-sale relief was only available where there was a transfer of rights and a novation was not a transfer of rights, according to a decision of the First Tier Tax Tribunal.

Full story

OUT-LAW.com, 10th April 2013

Source: www.out-law.com

‘Gay? Prove it then – have you read any Oscar Wilde?’: Judges accused of asking lesbian asylum seekers inappropriate questions – The Independent

Posted April 4th, 2013 in asylum, homosexuality, judiciary, news, sexual orientation discrimination, tribunals by sally

“Have you ever read Oscar Wilde? Do you use sex toys? Why have you not attended a Pride march? These are just some of the questions that have been asked of lesbian asylum seekers in what one academic says shows shocking levels of ignorance and prejudice among tribunal judges.”

Full story

The Independent, 4th April 2013

Source: www.independent.co.uk

Albion v Dwr Cymru: Incompetence and counterfactuals – Competition Bulletin from Blackstone Chambers

Posted April 2nd, 2013 in appeals, competition, damages, news, tribunals, water companies by sally

“The Competition Appeal Tribunal today delivered that rarest of beasts: a judgment awarding damages in a follow-on claim. After its decade-long fight, Albion Water has been awarded around £2 million for Dŵr Cymru’s abuse of dominant position in relation to the price it was prepared to charge Albion for the use of its water pipes.”

Full story

Competition Bulletin from Blackstone Chambers, 28th March 2013

Source: www.competitionbulletin.com

Abu Qatada’s deportation is unlikely, but charges might see him jailed – The Guardian

Posted March 28th, 2013 in appeals, bail, deportation, immigration, news, terrorism, tribunals by tracey

“UK courts have ruled against sending Abu Qatada to Jordan, but now he might be charged for allegedly breaching bail conditions.”

Full story

The Guardian, 27th March 2013

Source: www.guardian.co.uk

Charges under Reg 8 EIR: a Power Cut for Public Authorities – Panopticon

Posted March 26th, 2013 in local government, news, regulations, tribunals by sally

“In Kirklees Council v IC & Pali Ltd [2011] UKUT 104 (AAC) the Upper Tribunal held, in the context of property search information, that reg 8(2) EIR precluded an authority from charging for allowing applicants to inspect information in situ and that a charge was only permissible if copy documents were provided to the applicant or the information was accessed other than by means of in situ inspection. The First-tier Tribunal has revisited the application of the charging rule in reg 8 EIR, again in the context of property search information, in Leeds City Council v IC & APPS Claimants (EA/2012/0020-21) (judgment of 22 March 2013).”

Full story

Panopticon, 23rd March 2013

Source: www.panopticonblog.com

New rules for employment tribunals – Law Society’s Gazette

Posted March 15th, 2013 in employment tribunals, news, tribunals by tracey

“Employment tribunals are to become the ‘last resort, not the first port of call’ after the government’s announcement today that it has accepted proposals in a fundamental review of procedure for tribunals.”

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Law Society’s Gazette, 14th March 2013

Source: www.lawgazette.co.uk

Appeals on the merits: only pick a hole if you can fill it – Competition Bulletin from Blackstone Chambers

Posted March 11th, 2013 in appeals, competition, judicial review, news, price fixing, tribunals by sally

“In his recent blog ‘Down the rabbit hole,’ Tom Richards described the ‘quasi judicial review within an appeal’ contained in s.193(7) Communications Act 2003 as something of a Wonderland.”

Full story

Competition Bulletin from Blackstone Chambers, 11th March 2013

Source: www.competitionbulletin.com

Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily

Posted February 27th, 2013 in landlord & tenant, law reports, leases, news, tribunals, valuation by sally

Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon [2013] EWCA Civ 90; [2013] WLR (D) 81

“When carrying out the hypothetical valuation of a property with development potential, pursuant to paragraph 3 of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993, the Upper Tribunal ought to have decided the legal position in respect of the legal rights and liabilities arising under various leases, rather than allow for uncertainty on those legal points, insofar as leaving them undetermined, by a discount for the risk.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Al-Byati: Iraqi doctor denies tribunal claims – BBC News

Posted February 27th, 2013 in asylum, crimes against humanity, doctors, Iraq, news, torture, tribunals by sally

“An Iraqi doctor has been accused of committing crimes against humanity as part of Saddam Hussein’s regime, a medical tribunal has heard.”

Full story

BBC News, 26th February 2013

Source: www.bbc.co.uk

VAT on takeover costs not recoverable by holding company, says Court of Appeal – OUT-LAW.com

Posted February 25th, 2013 in appeals, costs, EC law, news, takeovers, tribunals, VAT by sally

“VAT incurred by a holding company on a takeover was not recoverable, according to a recent Court of Appeal decision in a case concerning UK airport operator BAA.”

Full story

OUT-LAW.com, 22nd February 2013

Source: www.out-law.com

What a tangled web… – NearlyLegal

Posted February 18th, 2013 in company directors, consumer credit, loans, news, tribunals, winding up by sally

“Since our post on Barons Finance Limited, we’ve heard various things about the property and landlord related activities of Barons Finance and assorted other companies under the control of Dharam Prakash Gopee. As it appears that Mr Gopee has on at least one occasion continued to pursue proceedings (including appearing in the appeal permission in the last post) for Barons Finance Limited, despite the company having been wound up and a liquidator having been appointed by the Court, we hope this post might be of use for people acting for Defendants in possession proceedings, duty scheme advisers and hopefully members of the judiciary who are unaware of the relevant court decisions and orders.”

Full story

NearlyLegal, 17th February 2013

Source: www.nearlylegal.co.uk