Soldier injured in Iraq grenade attack wins benefit battle – The Guardian

Posted January 30th, 2013 in armed forces, benefits, carers, disabled persons, news, tribunals by sally

“An injured soldier left suicidal after being falsely accused of benefit fraud has won an appeal against a decision to cut a £70-a-month carers’ allowance for his wife.”

Full story

The Guardian, 29th January 2013

Source: www.guardian.co.uk

Britain faces UN tribunal over Chagos Islands marine reserve – The Guardian

“Britain’s colonial-era decision to sever an Indian Ocean archipelago from Mauritius and turn it into a US military base will have to be justified before an international tribunal – a process that could lead to the return of the islands’ exiled inhabitants.”

Full story

The Guardian, 28th January 2013

Source: www.guardian.co.uk

Central London NHS Trust: key points from the Tribunal’s first MPN case – Panopticon

Posted January 21st, 2013 in appeals, data protection, hospitals, news, penalties, tribunals by sally

“Central London Community Healthcare NHS Trust v IC (EA/2012/00111) concerned the first monetary penalty notice (MPN) to be appealed to the First-Tier Tribunal. The Trust’s appeal has been dismissed by the Tribunal (Professor Angel, Rosalind Tatam and Paul Taylor).”

Full story

Panopticon, 17th January 2013

Source: www.panopticonblog.com

Undercover police damages cases to be heard in secret – BBC News

“Women who say they were tricked into sexual relationships with undercover police
officers will have their cases heard in secret, a judge has ruled.”

Full story

BBC News, 17th January 2013

Source: www.bbc.co.uk

Steamy windows: Setting the correct temperature for hot tubbing in international arbitrations – Hardwicke Chambers

Posted January 17th, 2013 in arbitration, cross-examination, evidence, expert witnesses, news, tribunals, witnesses by sally

“Much has been written about this subject but for the uninitiated this taking of oral evidence (usually from experts) ‘hot tub’ style, means having expert witnesses being questioned and cross-examined together – firstly by the judge or arbitrators and then by the parties’ representatives themselves – and indeed even by each other! Known in polite circles as concurrent evidence, hot tubbing can be used to great effect in construction related disputes, such as those involving design and build issues, measurement disputes, delays, and financial loss.”

Full story

Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

Recovery of costs in service charge disputes in the LVT – Tanfield Chambers

Posted January 17th, 2013 in costs, leases, news, tribunals, valuation by sally

“The LVT has no general power to award costs other than when an application is dismissed as frivolous or vexatious, or otherwise an abuse of process or a party has acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings. In such circumstances the costs are capped at £500: para 10 of Sch 12 to the Commonhold and Leasehold Reform Act (‘CLRA’) 2002.”

Full story (PDF)

Tanfield Chambers, 8th January 2013

Source: www.tanfieldchambers.co.uk

Judge to rule on whether police spy case should be held in open – The Guardian

“A high court judge is due to announce on Thursday morning whether police chiefs have won a controversial case involving undercover spies they infiltrated into political campaigns.”

Full story

The Guardian, 17th January 2013

Source: www.guardian.co.uk

WH Newson Holding Ltd and others v IMI plc and others – WLR Daily

WH Newson Holding Ltd and others v IMI plc and others: [2012] EWHC 3680 (Ch); [2013] WLR (D) 5

“There was nothing to suggest that section 47A of the Competition Act 1998 was limited to the particular cause of action of a claim for breach of statutory duty. A claim brought under section 47A had to be in respect of the loss or damage suffered as a result of the infringement of competition law. The section would not generally permit claims to be brought in the Competition Appeal Tribunal for conduct that was distinct from the infringement, even when the infringement was an element that had to be established to complete the cause of action. The determining criterion was the factual nature of the claim, not the cause of action with which it was clothed.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Christians and working on Sundays: what the tribunal really said – The Guardian

“Written rulings should be published when tribunals give judgments in order to properly inform public debate.”

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The Guardian, 10th Janaury 2013

Source: www.guardian.co.uk

Baha Mousa army doctor found guilty of serious misconduct – The Guardian

Posted December 19th, 2012 in armed forces, doctors, Iraq, news, professional conduct, torture, tribunals by sally

“A former British army doctor has been found guilty of serious misconduct by medical watchdogs over the death of Iraqi detainee Baha Mousa and will now face possible sanctions against his working as a medic.”

Full story

The Guardian, 18th December 2012

Source: www.guardian.co.uk

New date set for Moors Murderer Ian Brady’s tribunal – BBC News

Posted December 6th, 2012 in mental health, murder, news, suicide, tribunals by sally

“Moors Murderer Ian Brady’s rescheduled mental health tribunal will take place in June, the Judicial Office has said.”

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BBC News, 6th December 2012

Source: www.bbc.co.uk

Abu Qatada appeal launched by home secretary – The Guardian

Posted December 4th, 2012 in appeals, deportation, evidence, immigration, news, terrorism, torture, tribunals by sally

“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”

Full story

The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Emerson Electric Co and others v Morgan Crucible Co plc and others – WLR Daily

Posted November 30th, 2012 in competition, law reports, subsidiary companies, tribunals by sally

Emerson Electric Co and others v Morgan Crucible Co plc and others: [2012] EWCA Civ 1559;   [2012] WLR (D)  354

“The fact that a European parent company had been found guilty of infringing European competition law did not give the Competition Appeal Tribunal jurisdiction to hear a follow-on claim for damages brought under section 47A of the Competition Act 1998 against an English subsidiary which had not been an addressee to the European Commission’s decision on infringement.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

Turner v East Midlands Trains Ltd – WLR Daily

Posted November 30th, 2012 in human rights, law reports, proportionality, tribunals, unfair dismissal by sally

Turner v East Midlands Trains Ltd: [2012] EWCA Civ 1470;   [2012] WLR (D)  353

“The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did not fall short of the procedural safeguards required by article 8 of the European Convention.”

WLR Daily, 16th November 2012

Source: www.iclr.co.uk

BSB outlines disappointment over disciplinary failures as Inns of Court turf war looms – Legal Futures

Posted November 28th, 2012 in barristers, disciplinary procedures, inns of court, news, tribunals by sally

“The Bar Standards Board (BSB) has expressed regret and disappointment at the problems uncovered in the Inns of Court’s administration of disciplinary tribunals – and opened up a turf war over the role of the new tribunals service that is being set up as a result.”

Full story

Legal Futures, 28th November 2012

Source: www.legalfutures.co.uk

Confidential bid information could be disclosed under FOI laws, rules Tribunal – OUT-LAW.com

“Public sector bodies cannot guarantee the confidentiality of bid information in the aftermath of an Information Rights Tribunal ruling, an expert has said.”

Full story

OUT-LAW.com, 27th November 2012

Source: www.out-law.com

Down the rabbit-hole: costs, the Comms Act and the Competition Commission – Competition Bulletin from Blackstone Chambers

Posted November 27th, 2012 in competition, costs, news, tribunals by sally

“Where an appeal to the Tribunal under section 192 of the Communications Act 2003 gives rise to specified ‘price control matters’, the CAT must hive them off for determination by the Competition Commission: see section 193(1) and SI 2004/2068. The CAT is then bound by section 193(6) to follow the Commission’s determination, except ‘to the extent that the Tribunal decides, applying the principles applicable on an application for judicial review, that the determination of the Competition Commission is a determination that would fall to be set aside on such an application’: section 193(7).”

Full story

Competition Bulletin from Blackstone Chambers, 27th November 2012

Source: www.competitionbulletin.com

Judge considers his verdict in women’s legal action over undercover officers – The Guardian

“Judge is considering whether the case of the women who say they were duped into forming long-lasting sexual relationships with undercover officers should be heard in High Court.”

Full story

The Guardian, 26th November 2012

Source: www.guardian.co.uk

Employee benefit trust payments to Rangers staff and players were not illegal, says tribunal – OUT-LAW.com

Posted November 22nd, 2012 in benefits, employment, news, sport, tax avoidance, tribunals, trusts by sally

“The former Rangers Football Club did not act illegally when it used employee benefit trusts (EBTs) to distribute money to players and staff, a tribunal has ruled.”

Full story

OUT-LAW.com, 22nd November 2012

Source: www.out-law.com

Environmental and Planning Law Newsletter – Thirty Nine Essex Street

Posted November 14th, 2012 in costs, environmental protection, judicial review, news, planning, tribunals by sally

Environmental and Planning Law Newsletter (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com