Whitehall’s worries about Freedom of Information case – BBC News

“Could publishing a Whitehall document outlining the possible risks of the NHS shake-up pose a risk to good governance? That’s been the argument made in an appeal against a Freedom of Information ruling in central London this week.”

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BBC News, 8th March 2012

Source: www.bbc.co.uk

Secrecy for torture evidence – analysis – UK Human Rights Blog

Posted March 8th, 2012 in anonymity, closed material, evidence, news, torture, tribunals, witnesses by sally

“As we reported in our summary of the decision earlier, the Supreme Court has confirmed that the Special Immigration Appeals Commission (SIAC) has the power to order that certain witness evidence may be produced in conditions of absolute and irreversible secrecy.”

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UK Human Rights Blog, 8th March 2012

Source: www.ukhumanrightsblog.com

Witness allowed to give secret evidence of torture in Algeria says Supreme Court – UK Human Rights Blog

Posted March 8th, 2012 in anonymity, appeals, closed material, evidence, news, tribunals, witnesses by sally

“The court is entitled to make an order for a witness to give evidence before the Special Immigration Appeals Commission (SIAC) in such a way that the identity of the witness and the substance of the evidence remains confidential.”

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UK Human Rights Blog, 7th March 2012

Source: www.ukhumanrightsblog.com

Terror suspects win supreme court ruling over secret witness – The Guardian

Posted March 8th, 2012 in anonymity, appeals, deportation, news, Supreme Court, terrorism, tribunals, witnesses by sally

“Seven Algerian nationals suspected of terrorism have resisted attempts to deport them by turning the tables on the government’s support for using secret evidence in court.”

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The Guardian, 7th March 2012

Source: www.guardian.co.uk

MM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted February 21st, 2012 in appeals, asylum, immigration, law reports, tribunals by tracey

MM (Zimbabwe) v Secretary of State for the Home Department: [2012] EWCA Civ 135;  [2012] WLR (D)  36

” ‘Conspicuous unfairness’ was not a free standing ground in an immigration case on which a court could act in the absence of unlawful action on the part of the Home Secretary.”

WLR Daily, 24th January 2012

Source: www.iclr.co.uk

Proposed newspaper content licensing fees not wholly ‘reasonable’, Tribunal rules – OUT-LAW.com

Posted February 16th, 2012 in copyright, licensing, media, news, tribunals by sally

“Business customers of online news clippings services will pay a lower fixed price licence to access newspaper content via those providers following an interim ruling by the Copyright Tribunal.”

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OUT-LAW.com, 16th February 2012

Source: www.out-law.com

Shares awarded to employees in ‘cash box’ companies should be subject to income tax, tribunal rules – OUT-LAW.com

Posted February 9th, 2012 in income tax, news, shareholders, tribunals by sally

“Shares awarded to employees in ‘cash box’ companies as part of an avoidance scheme are ‘readily convertible assets’ (RCAs) on which an employer must account for income tax under pay as you earn (PAYE), a tribunal has ruled.”

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OUT-LAW.com, 9th February 2012

Source: www.out-law.com

Royal Mail faces wave of employment tribunals over delayed Christmas pay – The Guardian

Posted January 23rd, 2012 in casual workers, employment, news, remuneration, tribunals by sally

“Royal Mail could be facing a wave of employment tribunal claims from temporary sorting office workers who say they have been subjected to serious delays and miscalculations in their pay packets over Christmas and the new year.”

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The Guardian, 23rd January 2012

Source: www.guardian.co.uk

Judge slams quality of mental health advocacy – Law Society’s Gazette

Posted January 19th, 2012 in advocacy, legal representation, mental health, news, tribunals by sally

“A judge has fiercely criticised the quality of advocacy in mental health review tribunals (MHRT) as calls intensify across the profession for the compulsory accreditation of practitioners appearing for mentally ill clients.”

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Law Society’s Gazette, 19th January 2012

Source: www.lawgazette.co.uk

New rules enable schools to dismiss incompetent teachers: the legal issues – Halsbury’s Law Exchange

Posted January 18th, 2012 in dismissal, employment, news, teachers, tribunals by sally

“According to last weeks’ press coverage, schools are to be given new powers to weed out incompetent teachers and enforce ‘rigorous’ standards to ensure performance is maintained. However, behind the headlines these proposals may be less far reaching in practice than they at first appear.”

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Halsbury’s Law Exchange, 18th January 2012

Source: www.halsburyslawexchange.co.uk

Veterinary tribunal did not show bias – UK Human Rights Blog

Posted January 18th, 2012 in bias, news, professional conduct, tribunals, veterinary surgeons by sally

“The disciplinary procedures of the Royal College of Veterinary Surgeons did not give rise to any appearance of bias so as to breach a practitioner’s right to a fair trial under Article 6.”

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UK Human Rights Blog, 18th January 2012

Source: www.ukhumanrightsblog.com

Exposed: Taxman’s ‘illegal’ war against Britain’s small businesses – The Independent

Posted January 13th, 2012 in fines, HM Revenue & Customs, news, taxation, tribunals by sally

“Tax Tribunal rules HMRC is waiting months before alerting firms returns are late so that fines stack up.”

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The Independent, 13th January 2012

Source: www.independent.co.uk

HMRC extends alternative dispute resolution trial for smaller businesses – OUT-LAW.com

Posted January 11th, 2012 in dispute resolution, HM Revenue & Customs, news, pilot schemes, taxation, tribunals by sally

“An alternative dispute resolution (ADR) pilot which allows smaller businesses to resolve tax disputes without having to resort to a tribunal is to be extended, HM Revenue and Customs (HMRC) has announced.”

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OUT-LAW.com, 11th January 2012

Source: www.out-law.com

Are some rights to private life just not cricket? – Legal Week

Posted January 10th, 2012 in human rights, immigration, judgments, news, tribunals by sally

“Given previous poor reporting of human rights cases, alarm bells began to ring when the Sunday Telegraph recently reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in the UK, citing his playing cricket as a reason he had a private life under Article 8 of the European Convention on Human Rights.”

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Legal Week, 10th January 2012

Source: www.legalweek.com

Ken Clarke warned plan to curb open justice is flawed – The Guardian

Posted January 9th, 2012 in closed material, costs, investigatory powers, news, tribunals by tracey

“Britain’s most secretive court has warned the government that plans to restrict open justice in sensitive civil claims cases are seriously flawed and likely to incur excessive costs. Criticising the central thrust of Ken Clarke’s justice and security green paper, judges and members of the Investigatory Powers Tribunal say proposals for expanding ‘closed material procedures’ into other courts have not been thought through sufficiently.”

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The Guardian, 8th January 2012

Source: www.guardian.co.uk

Ryanair Holdings Ltd v Office of Fair Trading and another – WLR Daily

Posted January 5th, 2012 in airlines, appeals, competition, law reports, limitations, news, tribunals by tracey

Ryanair Holdings Ltd v Office of Fair Trading and another; [2011] EWCA Civ 1579;  [2011] WLR (D)  392

“The Competition Appeal Tribunal Rules granted a power to suspend the running of time, with regard to an investigation by the OFT, as a matter of urgency and in order to protect the public interest.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

TUPE service provision protections cannot apply where client also changes, tribunal says – OUT-LAW.com

Posted January 3rd, 2012 in news, transfer of undertakings, tribunals by tracey

“Employees of a service provider cannot take advantage of legal protections designed to ensure their rights are not affected when the company they work for is taken over by a new owner when the client that services are being provided to changes at the same time, a tribunal has ruled.”

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OUT-LAW.com, 23rd December 2011

Source: www.out-law.com

BEWARE statutory time limits to appeal: if you are late, you are out – UK Human Rights Blog

Posted December 1st, 2011 in appeals, news, time limits, tribunals by sally

“Any lawyer dealing with civil or criminal cases tends to think that, if there is a time limit for doing something in the case, then if that thing does not get done on time, the court may be lenient if there is good reason for extending time. The problem comes where the court is only given power to hear an appeal by a specific set of rules, and the rules say, for instance: you must appeal within 14 days of the decision. In the statutory context, that may mean precisely what it says. And the court, however sympathetically inclined, cannot do otherwise and allow a late appeal.”

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UK Human Rights Blog, 30th November 2011

Source: www.ukhumanrightsblog.com

Regina (Modaresi) v Secretary of State for Health and others – WLR Daily

Posted November 25th, 2011 in law reports, mental health, service, time limits, tribunals by sally

Regina (Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359; [2011] WLR (D) 340

“The 14-day period allowed to a detained mental patient to lodge an application with the Mental Health Review Tribunal as provided by section 66 of the Mental Health Act 1983 and rule 32(1) the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 was not to be considered to have expired where, though sent by fax on the last working day within the period, it was not in fact received by the tribunal until the next working after an intervening holiday period during which the 14-day time limit had expired.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

Expert welcomes court’s refusal to overturn arbitration award – OUT-LAW.com

Posted November 17th, 2011 in appeals, arbitration, international law, news, tribunals by tracey

“OPINION: Companies can breathe a sigh of relief that the UK courts have underlined the integrity of international arbitration cases which are heard in the UK. Courts have confirmed that, largely, they will refuse to overturn arbitration awards.”

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OUT-LAW.com, 17th November 2011

Source: www.out-law.com