Palestinian activist wins appeal against deportation – The Guardian

Posted April 10th, 2012 in appeals, deportation, news, tribunals by sally

“The home secretary was ‘misled’ when she moved to throw a leading Palestinian activist out of the UK, according to an immigration tribunal ruling that strongly criticised her decision and found in favour of his appeal against the government’s attempts to deport him.”

Full story

The Guardian, 9th April 2012

Source: www.guardian.co.uk

Public interest ‘high’ in publishing NHS risk register – BBC News

Posted April 10th, 2012 in freedom of information, health, news, public interest, tribunals by sally

“The public interest in publishing a risk assessment of the NHS overhaul in England is ‘very high, if not exceptional’, a tribunal has ruled.”

Full story

BBC News, 5th April 2012

Source: www.bbc.co.uk

Details of names and roles of senior council officials involved in recruitment subject to disclosure under FOI, Tribunal rules – OUT-LAW.com

“Councils should be prepared to disclose the names of senior staff members involved in recruiting senior councillors or officials as well as details of the role they played in that recruitment, an Information Rights Tribunal has ruled.”

Full story

OUT-LAW.com, 4th April 2012

Source: www.out-law.com

OFT’s ‘adversarial’ approach meant witness documents do not have to be disclosed, CAT rules – OUT-LAW.com

Posted March 28th, 2012 in competition, disclosure, news, privilege, tribunals, witnesses by sally

“A supermarket does not have to hand over notes from discussions with witnesses to the Office of Fair Trading as part of an ongoing legal dispute because the information was protected by ‘litigation privilege’, the Competition Appeal Tribunal (CAT) has ruled.”

Full story

OUT-LAW.com, 27th March 2012

Source: www.out-law.com

Tribunal hands down key privilege ruling in OFT dairy pricing case – Legal Week

Posted March 26th, 2012 in competition, news, price fixing, privilege, tribunals by sally

“The Competition Appeal Tribunal (CAT) has held that confidentiality under litigation privilege applies to Competition Act investigations, in a key ruling in the Office of Fair Trading’s (OFT’s) long-running investigation into dairy retail pricing.”

Full story

Legal Week, 26th March 2012

Source: www.legalweek.com

Twice as many judges needed to handle benefits appeals – Daily Telegraph

Posted March 26th, 2012 in appeals, benefits, disabled persons, judiciary, news, remuneration, tribunals by sally

“Twice as many judges are needed to handle the high volume of appeals under the Government’s controversial new welfare regime, at a cost of at least £1million a year.”

Full story

Daily Telegraph, 26th March 2012

Source: www.telegraph.co.uk

Compelling reasons but no need for truly drastic circumstances: second stage immigration appeals revisited – UK Human Rights Blog

Posted March 23rd, 2012 in appeals, immigration, news, tribunals by sally

“The Court of Appeal has considered the test for the second stage of appeal in immigration cases, when someone wishes to appeal from the Upper Tribunal to the Court of Appeal. The test requires showing that: ‘(a) the proposed appeal would raise some important point of principle or practice; or (b) there is some other compelling reason for the [Court of Appeal] to hear the appeal.’ ”

Full story

UK Human Rights Blog, 23rd March 2012

Source: www.ukhumanrightsblog.com

JD (Congo) v Secretary of State for the Home Department (Public Law Project intervening); WN (The Gambia) v Same; ES (Iran) v Same; MR (Bangladesh) v Same – WLR Daily

Posted March 20th, 2012 in appeals, asylum, law reports, news, tribunals by sally

JD (Congo) v Secretary of State for the Home Department (Public Law Project intervening); WN (The Gambia) v Same; ES (Iran) v Same; MR (Bangladesh) v Same [2012] EWCA Civ 327; [2012] WLR (D) 85

“Where a claimant who had succeeded before the First-tier Tribunal but failed in the Upper Tribunal sought permission to appeal from the Upper Tribunal, not on the ground of an important point of principle or practice, but for some other compelling reason within section 13(6)(b) of the Tribunals, Courts and Enforcement Act 2007, the test to be applied was stringent but flexible, taking into account the particular circumstances of the case. The procedural history and extreme consequences for the claimant if he were refused permission to appeal were relevant factors to be taken into account by the court in deciding whether the threshold for a second-tier appeal had been reached.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

The FSA’s Investigations and Enforcement Regime Challenge in the Tribunal – Thirty Nine Essex Street

Posted March 19th, 2012 in financial services ombudsman, news, tribunals by sally

“The Tribunal’s function under the Financial Services and Markets Act 2000 is to:
‘determine what (if any) is the appropriate action for the decision-maker [i.e. the Financial services Authority] to take in relation to the matter referred … to it’ (section 133(5)).”

Full story (PDF)

Thirty Nine Essex Street, 21st February 2012

Source: www.39essex.com

BSB acts to resolve effect of past reappointment procedures of Council of the Inns of Court panel members – Bar Standards Board

Posted March 16th, 2012 in inns of court, press releases, tribunals by sally

“The Bar Standards Board today confirmed the timetable for assessing the impact of past reappointment procedures for Council of the Inns of Court tribunal members.”

Full press release

Bar Standards Board, 15th March 2012

Source: www.barstandardsboard.org.uk

Lamichhane v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, immigration, jurisdiction, law reports, tribunals by sally

Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260; [2012] WLR (D) 67

“The Secretary of State had discretionary power to serve a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 although failure to serve did not render an immigration decision unlawful.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Ian Brady to face mental health tribunal in public – The Independent

Posted March 12th, 2012 in mental health, murder, news, tribunals by sally

“Moors Murderer Ian Brady’s mental health tribunal will be held in public this summer, a judge has ruled. It is only the second time such a hearing has been open to scrutiny in this way.”

Full story

The Independent, 10th March 2012

Source: www.independent.co.uk

Change of work location under TUPE transfer can give rise to automatic unfair dismissal, tribunal rules – OUT-LAW.com

Posted March 8th, 2012 in news, transfer of undertakings, tribunals, unfair dismissal by sally

“A movement of workers to another location as a result of a change in employer is a ‘substantial change’ in working conditions which can give rise to successful claims for automatic unfair dismissal, an employment tribunal has ruled.”

Full story

OUT-LAW.com, 8th March 2012

Source: www.out-law.com

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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 sally

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.”

Full story

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.”

Full story

OUT-LAW.com, 9th February 2012

Source: www.out-law.com