‘Fewer than half of courts and tribunals will remain open for face-to-face hearings as part of efforts to maintain a “core justice system focused on the most essential cases”, the government has announced.’
Litigation Futures, 27th March 2020
Source: www.litigationfutures.com
‘The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal has rejected an appeal by a landlord over the imposition of a condition on his licence requiring him to attend training on how to manage tenancies.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
‘The owner of a field that was compulsorily acquired to provide land for the construction of a link road has lost his appeal over the certificate of appropriate alternative development he was given.’
Local Government Lawyer, 23rd March 2020
Source: www.localgovernmentlawyer.co.uk
‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’
Garden Court Chambers, March 2020
Source: www.gardencourtchambers.co.uk
‘Anyone who has had a FOIA case in the national security space will have faced the near-impossible task of trying to work out what on earth Corderoy & Ahmed v Information Commissioner & Attorney General & Cabinet Office [2017] UKUT 495 (AAC) means; a front-runner for most impenetrable Upper Tribunal decision on FOIA. Now Judge Markus QC has had a go at squaring the circle in Lownie v Information Commissioner & Foreign and Commonwealth Office & The National Archives [2020] UKUT 32 (AAC).’
Panopticon, 19th March 2020
Source: panopticonblog.com
‘According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in ownership of the land since compulsory registration on sale of land was introduced.’
Hardwicke Chambers, 3rd March 2020
Source: hardwicke.co.uk
‘A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease.’
Nearly Legal, 14th March 2020
Source: nearlylegal.co.uk
‘HM Courts and Tribunals Service has today (13 March) issued guidance for all court and tribunal users during the coronavirus outbreak.’
Local Government Lawyer, 13th March 2020
Source: www.localgovernmentlawyer.co.uk
‘A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a decision about the reasonableness of the service charge demands, but in respect of the respondent, it held that the charges were not payable by the respondent because she had not received the demands.’
Nearly Legal, 22nd February 2020
Source: nearlylegal.co.uk
‘In this post, we explain the Second Appeals test and note some recent developments in the area.’
Richmond Chambers, 14th February 2020
Source: immigrationbarrister.co.uk
‘The provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 which permit changes of use from office to residential have been controversial, particularly in parts of the south of England where many local authorities fear the effects upon the supply of office accommodation in their areas. As a result, a number of authorities have exercised the powers in Article 4 of the Order to withdraw the rights from parts of their areas. A recent case in the Upper Tribunal (Lands Chamber) illustrates the issues involved where a Council adopts a different approach by attempting to rely on its rights as landlord to enforce leasehold restrictive covenants to prevent the implementation of a change of use proposal.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘In an important new rating decision the UT has concluded in Wigan Football Club Limited v Wayne Cox (VO) [2019] UKUT 0389 (LC) that the successive relegations of a football club from the Premier League (“PL”) to the Championship and then to League 1 did not constitute a material change of circumstances (“MCC”) providing grounds for a reduction in rateable value (in the 2010 compiled list). The UT confirmed the decision of the VTE, but also made reference to the unfairness of the outcome for financially imperilled clubs and the potential need for adjustments in the method of valuation.’
Francis Taylor Building, 14th February 2020
Source: www.ftbchambers.co.uk
‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’
Tanfield Chambers, 21st January 2020
Source: www.tanfieldchambers.co.uk
‘Employment Judge Snelson has handed down judgment in Kumrai v Ministry of Justice and others, an unusual case involving serious allegations of race discrimination by members of the senior judiciary in which the Claimant and all three Respondent witnesses were serving Tribunal Judges. The Claimant, a Judge of the First-Tier Tribunal, sued both the Regional Judge and President of the relevant chamber together with the Ministry of Justice, for direct race discrimination, harassment and victimisation.’
Ely Place Chambers, 14th January 2020
Source: elyplace.com
‘A reconsideration entails a review by the Home Office of a decision that it has made. If you have lodged an appeal in the First Tier Tribunal against an immigration decision, you may wish to consider submitting a reconsideration request (if relevant, with new evidence in support of your case) to the Home Office while the appeal is pending. Our barristers can advise you about whether your case is suitable for requesting a reconsideration.’
Richmond Chambers, 20th January 2020
Source: immigrationbarrister.co.uk
‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’
Nearly Legal, 19th January 2020
Source: nearlylegal.co.uk
‘A recent Upper Tribunal decision has potentially far-reaching implications for schools considering excluding pupils with disabilities, write Tom Amraoui and Rachel Sullivan.’
Local Government Lawyer, 10th January 2020
Source: www.localgovernmentlawyer.co.uk
‘The Competition Appeal Tribunal (CAT) has given the claimants in the truck cartel litigation the green light to move forward without delay to a detailed assessment of the costs of a preliminary hearing given the two sides’ contrasting financial resources.’
Litigation Futures, 8th January 2020
Source: www.litigationfutures.com
© Inner Temple Library 2024