‘Black Lives Matter UK has announced £45,000 of funding to the United Families and Friends Campaign to set up a “people’s tribunal” for deaths in custody.’
The Guardian, 17th February 2021
Source: www.theguardian.com
‘In GL v Elysium Healthcare Upper Tribunal Judge Kate Markus has provided a helpful reminder of the importance of maintaining standards of fairness in the remote environment.’
Doughty Street Chambers, 12th January 2021
Source: insights.doughtystreet.co.uk
The Solicitors Regulation Authority (SRA) was justified in prosecuting two law firm partners even though all of the allegations were dismissed, a tribunal has ruled.
Legal Futures, 21st January 2021
Source: www.legalfutures.co.uk
‘Buildings operated by HM Courts and Tribunals Service are safe for those that need to use them, the organisation’s acting chief executive has insisted.’
Local Government Lawyer, 19th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020.Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ.
In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton.
Nearly Legal, 14th January 2021
Source: nearlylegal.co.uk
‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’
Nearly Legal, 13th December 2020
Source: nearlylegal.co.uk
‘The current test for appeals from the Upper Tribunal to the Court of Appeal is “not strict enough to prevent misuse” of the system by those wanting to benefit from delays caused by “hopeless challenges”, the Ministry of Justice (MoJ) has said.’
Litigation Futures, 7th December 2020
Source: www.litigationfutures.com
‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.’
Falcon Chambers, 2nd November 2020
Source: www.falcon-chambers.com
‘The appeal in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 was the first time that either the Supreme Court or the House of Lords had considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The case confirms important principles affecting the interplay between private law property rights, planning and land use. Lord Burrows, giving the only substantive judgment of the Supreme Court, agreed with the Court of Appeal that the Upper Tribunal’s decision was wrong, but disagreed in a number of important respects with the speech of Sales LJ (as he then was) in the Court of Appeal ([2018] EWCA Civ 2679). For a number of reasons, it is likely that we shall be reading and re-reading this Supreme Court decision for many years to come.’
39 Essex Chambers, 9th November 2020
Source: www.39essex.com
‘The Solicitors Disciplinary Tribunal (SDT) “fell into serious error” in finding no case to answer against a solicitor accused of making a fraudulent costs claim, the High Court has ruled.’
Legal Futures, 17th November 2020
Source: www.legalfutures.co.uk
‘Two key events have taken place in the last week in relation to The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”): the publication of a commencement order and the publication of the Additional Learning Needs Co-ordinator (Wales) Regulations. This article considers both documents, concluding that, based on the limited information available they do not help clarify the confusion amongst practitioners as to the details of the forthcoming special needs regime in Welsh schools.’
3PB, 4th November 2020
Source: www.3pb.co.uk
‘This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) (our report) and this appeal succeeded pretty much on that basis alone – the FTT decision was wrong in law in the way the Tribunal had approached the award – but it also involves the UT putting down another firm marker to FTTs on the correct approach to awards in rent repayment orders.’
Nearly Legal, 24th October 2020
Source: nearlylegal.co.uk
‘The rights of those living abroad to submit freedom of information requests are to be tested in court after more than a dozen cases – including one relating to Julian Assange’s extradition – were blocked. A combined hearing involving the Home Office, Metropolitan police, the Information Commissioner’s Office (ICO) and 13 separate cases is to be held at an information tribunal in London.’
The Guardian, 6th October 2020
Source: www.theguardian.com
‘The government has spent more than £120m in taxpayers’ money fighting disability benefit claims in the last two years – despite losing three-quarters of tribunal appeals, The Independent can reveal.’
The Independent, 1st September 2020
Source: www.independent.co.uk
‘The Upper Tribunal Administrative Appeals Chamber has ordered that a reconstituted panel of the First Tier Tribunal (FTT) should hear a dispute between the London Borough of Croydon and the parents of Child G over which school he should attend.’
Local Government Lawyer, 26th August 2020
Source: www.localgovernmentlawyer.co.uk
‘MI6 officers have been accused of attempting to interfere in a major legal battle over crimes linked to intelligence agencies.’
BBC News, 27th July 2020
Source: www.bbc.co.uk
‘A property which was converted into flats before the Building Regulations 1991 came into force, which otherwise falls within the meaning of an HMO set out in Section 254(1)(e) of the Housing Act 2004, will be an HMO unless those regulations are now complied with. When appealing the issue of an HMO license in the FTT, the burden of proof is on the applicant to establish that the property is now compliant with the Buildings Regulations 1991.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
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