‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’
EIN Blog , 21st June 2021
Source: www.ein.org.uk
‘In a wide-ranging decision, the First Tier Tribunal has brought clarity to several aspects of regulatory practice associated with gambling operating licences.’
11KBW, 8th June 2021
Source: www.11kbw.com
‘Gell v 32 St John’s Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789. This is one of those cases where the Court of Appeal says “It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim for service charges of the striking out of a defence has not been determined”, and my first reaction is that really, it is rather surprising that it has come up at all. Nonetheless, it has, and if you have spent 35 years waiting for clarity on this point, you are in luck. However, the judgment does have some significant things to say about referrals to the First Tier Tribunal (PC) from the courts, and the position after a struck out defence.’
Nearly Legal, 6th June 2021
Source: nearlylegal.co.uk
‘A major report on the impact of the pandemic on the tribunal service has found that almost a third of judges found it “difficult to communicate” at video hearings in the first few months.’
Litigation Futures, 8th June 2021
Source: www.litigationfutures.com
‘What constitutes a change in “circumstances relevant to the decision”? Holly Littlewood considers the practical implications of a recent Upper Tribunal ruling.’
Local Government Lawyer, 14th May 2021
Source: www.localgovernmentlawyer.co.uk
‘Anyone who has ever tried to study judicial review in England and Wales empirically knows it is a little like digging for gold without a metal detector: it is difficult to know where to dig and there is also no guarantee that you will find what you are looking for.’
UK Constitutional Law Association, 1st April 2021
Source: ukconstitutionallaw.org
‘The Solicitors Disciplinary Tribunal (SDT) has rejected an appeal by a solicitor against a £1,000 fine imposed by the Solicitors Regulation Authority (SRA) for breaching a written agreement he made during probate litigation.’
Legal Futures, 31st March 2021
Source: www.legalfutures.co.uk
‘Awad v Hooley (2021) UKUT 55 (LC). This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here.’
Nearly Legal, 21st March 2021
Source: nearlylegal.co.uk
‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’
Nearly Legal, 6th March 2021
Source: nearlylegal.co.uk
‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’
Nearly Legal, 6th March 2021
Source: nearlylegal.co.uk
‘The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.’
Local Government Lawyer, 25th February 2021
Source: www.localgovernmentlawyer.co.uk
‘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
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