Category: tribunals

The law-making process: could do better! – Halsbury’s Law Exchange

Posted October 31st, 2011 in employment, government departments, legislative drafting, news, tribunals by sally

“‘Good regulation is a good thing’ is the trite introduction to the government’s red tape challenge, before saying we have too much of the other sort. The proposition is that reducing the quantity of regulation is the answer. This is myopic because if quantity is one possible burden on business, so is poor quality law. Poor quality is not about political or policy disagreements, but simply the production of badly-drafted law that is difficult to understand, because it is too complex or simply unclear.”

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Halsbury’s Law Exchange, 28th October 2011

Source: www.halsburyslawexchange.co.uk

Psychiatric patient loses groundbreaking appeal – The Guardian

Posted October 27th, 2011 in appeals, detention, mental health, news, tribunals by sally

“The first psychiatric patient to have an appeal against detention heard in public lost his legal battle to be freed from Broadmoor hospital on Wednesday.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

Regina (Independent Schools Council) v Charity Commission for England and Wales (National Council for Voluntary Organisations and another intervening); Attorney General v Charity Commission for England and Wales and another – WLR Daily

Posted October 25th, 2011 in charities, education, law reports, tribunals by sally

Regina (Independent Schools Council) v Charity Commission for England and Wales (National Council for Voluntary Organisations and another intervening); Attorney General v Charity Commission for England and Wales and another [2011] UKUT 421 (TCC); [2011] WLR (D) 301

“Guidance issued by the Charity Commission for England and Wales included errors of law in respect of the public benefit requirement contained in the Charities Act 2006 on independent schools which charged fees. Whether the public benefit requirement was satisfied depended on the facts of each case. The correct approach was to look at what a trustee, acting in the interests of the community as a whole, would do in all the circumstances of the particular school under consideration and to ask what provision ought to be made once the threshold of benefit going beyond the de minimis or token level had been met. There was no reason why the provision of scholarships or bursaries to students who could pay some, but not all, of the fees should not be seen as for the public benefit. Provided that the operation of the school was seen as being for the public benefit, with an appropriate level of benefit for the poor, a subsidy to the not so well off was to be taken account of in the public benefit.”

WLR Daily, 13th October 2011

Source: www.iclr.co.uk

Regina (Kaur) v Institute of Legal Executives Appeal Tribunal and another – WLR Daily

Posted October 21st, 2011 in bias, conflict of interest, disciplinary procedures, judges, law reports, recusal, tribunals by sally

Regina (Kaur) v Institute of Legal Executives Appeal Tribunal and another [2011] EWCA Civ 1168; [2011] WLR (D) 298

“Judges should not sit or should face recusal or disqualification where there was a real possibility on the objective appearances of things, assessed by the fair-minded and informed observer, that the tribunal could be biased. The vice-president of the Institute of Legal Executives (‘ILEX’) ought not to have been a member of a disciplinary appeal tribunal set up by the institute to deal with breaches of its rules. Her leading role in the institute and her inevitable interest in its policy of disciplinary regulation should have disqualified her because the fair-minded and informed observer ought to have or would have concluded that there was a real possibility of bias.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Watchdog warns of difficulty over challenging state decisions – The Guardian

Posted October 21st, 2011 in complaints, news, ombudsmen, tribunals by tracey

“The government is making it more difficult for the public to challenge decisions made by the state, the official watchdog for complaints has warned.”

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The Guardian, 21st October 2011

Source: www.guardian.co.uk

Police right not to release anonymised sex offender statistics on teachers, Tribunal rules – OUT-LAW.com

Posted September 27th, 2011 in anonymity, freedom of information, news, sexual offences, statistics, tribunals by sally

“Police did not have to disclose anonymised data about the number of teachers investigated and charged for sexual offences as the information could have been used to identify individuals, a Information Rights Tribunal has ruled.”

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OUT-LAW.com, 26th September 2011

Source: www.out-law.com

Broadmoor patient becomes first to have his appeal heard in public – The Guardian

Posted September 26th, 2011 in mental health, news, private hearings, secure hospitals, tribunals by sally

“A man detained at Broadmoor high-security hospital has spoken of his ‘determination to get heard’ ahead of becoming the first psychiatric patient to have an appeal against detention open to the public.”

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The Guardian, 25th September 2011

Source: www.guardian.co.uk

Broadmoor patient fighting for right to tell his story – The Independent

Posted September 23rd, 2011 in mental health, news, private hearings, secure hospitals, tribunals by tracey

“After two decades at the psychiatric hospital, Albert Haines is making legal history in his bid to be free. Jerome Taylor met him.”

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The Independent, 23rd September 2011

Source: www.independent.co.uk

Squatters could be good for us all, says judge in empty homes ruling – Daily Telegraph

Posted September 6th, 2011 in freedom of information, housing, local government, news, squatting, tribunals by sally

“Squatters are not criminals and could be good for society, a judge has ruled in ordering a London council to make public a list of empty homes in its area.”

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Daily Telegraph, 6th September 2011

Source: www.telegraph.co.uk

Lump sum motoring expenses subject to NICs if not linked to mileage, tribunal says – OUT-LAW.com

Posted September 1st, 2011 in national insurance, news, tribunals by sally

“Employers will have to be more careful about how they pay their employees for motoring expenses after a tax tribunal ruling that lump-sum allowances could be subject to national insurance contributions (NICs).”

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OUT-LAW.com, 1st September 2011

Source: www.out-law.com

Watchdog wrong to deem FOI request vexatious, Tribunal rules – OUT-LAW.com

Posted August 30th, 2011 in freedom of information, housing, news, tribunals by sally

“The UK’s freedom of information (FOI) law watchdog was wrong to rule that an FOI request was vexatious, the Information Rights Tribunal, formerly the Information Tribunal has ruled.”

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OUT-LAW.com, 26th August 2011

Source: www.out-law.com

PR (Sri Lanka) v Secretary of State for the Home Department; SS (Bangladesh) v Same; TC (Zimbabwe) v Same – WLR Daily

Posted August 17th, 2011 in appeals, asylum, immigration, international law, law reports, tribunals by sally

PR (Sri Lanka) v Secretary of State for the Home Department; SS (Bangladesh) v Same; TC (Zimbabwe) v Same [2011] EWCA Civ 988; [2011] WLR (D) 276

“The two tiers of the tribunal system operating in respect of immigration and asylum cases were, and were plainly to be regarded as, competent to determine whether there was a compelling reason why the particular issue on which an applicant’s claim which had failed twice before that system should be subjected to a third judicial process.”

WLR Daily, 11th August 2011

Source: www.iclr.co.uk

Commissioners for HM Revenue and Customs v Jones – WLR Daily

Posted July 22nd, 2011 in customs and excise, jurisdiction, law reports, tribunals by sally

Commissioners for HM Revenue and Customs v Jones [2011] EWCA Civ 824; [2011] WLR (D) 236

“The first tier and upper tribunals were statutory appellate tribunals which had not been given any original jurisdiction for resolving disputes as to whether or not goods were imported legally for personal use. The issue could only be decided by the court. The first tier tribunal’s jurisdiction was limited to hearing an appeal against a discretionary decision by HM Commissioners for Revenue and Customs not to restore the seized goods to the importer.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Eba v Advocate General for Scotland – WLR Daily

Posted June 23rd, 2011 in appeals, judicial review, law reports, Supreme Court, tribunals by sally

Eba v Advocate General for Scotland [2011] UKSC 29; [2011] WLR (D) 204

“The approach to judicial review of unappealable decisions of the Upper Tribunal in Scotland should be to align itself with what had been decided by the Supreme Court to be the approach to be taken in England and Wales. Accordingly, as in England and Wales, the same criteria which had to be satisfied when making a second-tier appeal to the Court of Appeal applied when deciding whether a refusal of permission by the Upper Tribunal to appeal to itself was open to judicial review in Scotland.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Cart) v Upper Tribunal; Regina (MR (Pakistan)) Upper Tribunal – WLR Daily

Posted June 23rd, 2011 in appeals, judicial review, law reports, Supreme Court, tribunals by sally

Regina (Cart) v Upper Tribunal; Regina (MR (Pakistan)) Upper Tribunal [2011] UKSC 28; [2011] WLR (D) 203

“Judicial review of a refusal by the Upper Tribunal of permission to appeal to itself was limited to the grounds upon which permission to make a second-tier appeal to the Court of Appeal would be granted.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chapple v Suffolk County Council and another – WLR Daily

Posted June 16th, 2011 in appeals, judicial review, law reports, local government, tribunals by sally

Chapple v Suffolk County Council and another [2011] EWCA Civ 691; [2011] WLR (D) 194

“The structure of the tribunals system under the Tribunals, Courts and Enforcement Act 2007 was designed to be flexible, as was the role of the Upper Tribunal. The Upper Tribunal hearing appeals from the First-tier tribunal should look at the procedural possibilities involved in complex cases and should, where appropriate, consider whether judicial review would be a suitable remedy.”

WLR Daily, 8th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Unnecessary tribunals wasting taxpayers’ money, watchdog warns – The Guardian

Posted June 14th, 2011 in appeals, government departments, news, reports, tribunals by sally

“Government departments and agencies are costing the taxpayer huge sums each year by making incorrect decisions which are then overturned by tribunals, an official report has concluded.”

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The Guardian, 14th June 2011

Source: www.guardian.co.uk

High cost of compensation culture and ‘human rights’ – Daily Telegraph

Posted June 13th, 2011 in compensation, human rights, news, tribunals, vexatious litigants by tracey

“Natasha Sivanandan has spent 25 years pursuing tribunal cases and has now secured her biggest victory with a £425,000 payout.”

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Daily Telegraph, 11th June 2011

Source: www.telegraph.co.uk

Bill limiting sharia law is motivated by ‘concern for Muslim women’ – The Guardian

Posted June 9th, 2011 in arbitration, bills, islamic law, news, sex discrimination, tribunals, women by tracey

“Islamic courts would be forced to acknowledge the primacy of English law under a bill being introduced in the House of Lords. The bill, proposed by Lady Cox and backed by women’s rights groups and the National Secular Society, was drawn up because of ‘deep concerns’ that Muslim women are suffering discrimination within closed sharia law councils.”

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The Guardian, 8th June 2011

Source: www.guardian.co.uk

Treating licensees differently to their competitors does not constitute unreasonable discrimination, Copyright Tribunal rules – OUT-LAW.com

Posted May 10th, 2011 in copyright, licensing, news, tribunals, unfair commercial practices by sally

“Agencies acting for copyright holders can charge different companies different royalty rates without engaging in unlawful discrimination, the Copyright Tribunal has ruled.”

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OUT-LAW.com, 10th May 2011

Source: www.out-law.com