“Dr Freddy Patel acted with ‘deficient professional performance’ over his postmortem investigation into the death of Ian Tomlinson during the G20 protests, a medical tribunal has concluded.”
The Guardian, 21st August 2012
Source: www.guardian.co.uk
“One of the government’s flagship academy schools has lost a legal challenge over its refusal to admit a number of children with special educational needs.”
The Guardian, 20th August 2012
Source: www.guardian.co.uk
“In the recent decision in UK Coal Mining v IC, Nottinghamshire County Council & Veolia [2012] UKUT 212 AAC, the Upper Tribunal has dismissed an appeal concerned with section 43(2) of FOIA (commercial prejudice): the First-Tier Tribunal (decision EA/2010/0142, on which see our post here) had been entitled to find that only very limited redactions could be made to provisions from a PFI contract for a waste incinerator. Upper Tribunal Judge Wikeley’s decision, while largely fact-specific, illustrates two significant points.”
Panopticon, 17th August 2012
Source: www.panopticonblog.com
“BSkyB has won its appeal against Ofcom’s decision to force the company to cut the amount it charges rivals to show its flagship Sky Sports channels.”
The Guardian, 8th August 2012
Source: www.guardian.co.uk
“The prices that BT charged rivals to access parts of its network to provide services to their subscribers were not justified, the Court of Appeal has ruled.”
OUT-LAW.com, 30th July 2012
Source: www.out-law.com
“A Valuation Tribunal has rejected an approach by assessors that would have increased the business rates paid by a City firm by 20% over the first five years of a lease.”
OUT-LAW.com, 20th July 2012
Source: www.out-law.com
“The Upper Tribunal (Administrative Appeals Chamber) was empowered under section 4(3) of the Safeguarding Vulnerable Groups Act 2006 to determine whether a decision by the Independent Safeguarding Authority that it was appropriate to include an individual on a barred list was proportionate and rational. In assessing proportionality the tribunal was required to give appropriate weight to the decision of a body charged by statute with a task of expert evaluation. The tribunal also had to address as a material consideration the issue of public confidence in the statutory scheme and in the list.”
WLR Daily, 18th July 2012
Source: www.iclr.co.uk
Adedoyin v Secretary of State for the Home Department: [2012] EWCA civ 939; [2012] WLR (D) 206
“Where the Upper Tribunal had properly directed itself as to its approach on an appeal from a determination of the First–tier Tribunal and had arrived at a conclusion which was open to it, the decision of the Upper Tribunal contained no material error of law and so the Court of Appeal should not allow an appeal from that decision, even if the court might have been more (or less) generous in its approach to the determination of the First-tier Tribunal.”
WLR Daily, 13th July 2012
Source: www.iclr.co.uk
“Academies are independent, non-fee-paying schools funded by the Secretary of State. For special educational needs (SEN) purposes, although Academies are deemed to be mainstream schools (see the Education Act 1996, s.316(4)(b)(iii)), they are not subject to the duties in relation to SEN that maintained schools (as defined in s.312(5)) are. That gap is, however, (at least partially) plugged by the terms of the Funding Agreement between the Secretary of State and the Academy Trust. Indeed, in relation to Academies created since the Academies Act 2010, s.1(7) of the 2010 Act requires the Funding Agreement to impose ‘SEN obligations’ (i.e. the obligations under Chapter 1 of Part IV of the 1996 Act) on the Academy.”
Education Law Blog, 11th July 2012
Source: www.education11kbw.com
“Moors Murderer Ian Brady’s mental health tribunal scheduled for Monday has been adjourned because he is too ill to attend, a judge has ruled.”
BBC News, 6th July 2012
Source: www.bbc.co.uk
“Lord Hunt, the chairman of the Press Complaints Commission, risks a confrontation with Lord Justice Leveson next month when he is expected to present proposals for press reform aimed at sidestepping any fresh legislation.”
The Guardian, 17th June 2012
Source: www.guardian.co.uk
“Doctors involved in fitness to practise hearings will now be referred to a new independent tribunal service set up as part of government-led reforms.”
BBC News, 11th June 2012
Source: www.bbc.co.uk
“A local authority in London was ‘justified’ in not disclosing an email that recorded the ‘substance’ of a telephone conversation between a staff member and a third party because it would have been a breach of confidence to do so, an Information Rights Tribunal has ruled.”
OUT-LAW.com, 22nd May 2012
Source: www.out-law.com
“Extracts of a phone conversation between Tony Blair and George Bush a few days before the invasion of Iraq must be disclosed, a tribunal has ruled.”
The Guardian, 21st May 2012
Source: www.guardian.co.uk
“I have previously posted on the decision leading to this successful appeal by the Planning Inspectorate, against an order that they produce their legal advice concerning a planning appeal. The decision of the First-Tier Tribunal in favour of disclosure was reversed by a strong Upper Tribunal, chaired by Carnwath LJ in his last outing before going to the Supreme Court. So the upshot is that PINS can retain whatever advice which led them to refuse this request for a public inquiry in a locally controversial case.”
UK Human Rights Blog, 22nd May 2012
Source: www.ukhumanrightsblog.com
“Individuals who spend all their time working for a single client will not necessarily form part of an ‘organised grouping of employees’ whose employment will transfer under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations when their work is taken back in-house, the Employment Appeal Tribunal (EAT) has said.”
OUT-LAW.com, 21st May 2012
Source: www.out-law.com
“The financial services regulator ‘did not establish its case’ that the former chief executive of a large investment bank had committed misconduct through his alleged failure to adequately supervise compliance issues.”
OUT-LAW.com, 26th April 2012
Source: www.out-law.com
“Businesses will be able to ask a competition tribunal to rule whether actions by rivals are anti-competitive under plans drafted by the Government.”
OUT-LAW.com, 26th April 2012
Source: www.out-law.com
“The names of three junior members of staff who had handled complaints made to the financial services regulator should have been disclosed as part of a freedom of information request as disclosure ‘did not adversely affect their privacy’, a tribunal has ruled.”
OUT-LAW.com, 18th April 2012
Source: www.out-law.com
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