Archive for the 'tribunals' Category

Guidance on agency workers’ rights leaves crucial questions unanswered, says expert – OUT-LAW.com

“Government guidance on the rights of agency workers leaves some questions unanswered that will only be cleared up through employment tribunals, according to an employment law expert.”

Full story

OUT-LAW.com, 5th April 2011

Source: www.out-law.com

British Telecommunications plc v Office of Communications (Hutchison 3G UK Ltd intervening) – WLR Daily

“On its true interpretation section 192(6)(a) of the Communications Act 2003 did not impose a statutory bar on the introduction of fresh evidence on an appeal to the Competition Appeal Tribunal.”
WLR Daily, 11th March 2011

Civil legal aid cuts will increase tribunal workload – Law Society’s Gazette

“Cuts to civil legal aid will leave people unable to pursue their rights and increase the workload of the tribunal system, the senior president of tribunals has warned.”

Full story

Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

Hunt saboteur Joe Hashman wins landmark ruling – The Guardian

“An animal rights activist whose long-running campaigns made him notorious in hunting circles has won a landmark ruling that his anti-hunting beliefs should be protected from discrimination in the same way as religion.”

Full story

The Guardian, 9th March 2011

Source: www.guardian.co.uk

Broadmoor patient makes history with court appeal – The Independent

“A patient in Broadmoor Hospital who has spent more than two decades alongside some of Britain’s most dangerous criminals has won the right to have a review into his detention heard in public, The Independent has learned.”

Full story

The Independent, 9th March 2011

Source: www.independent.co.uk

PO (Nigeria) v Secretary of State for the Home Department – WLR Daily

PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132; [2011] WLR (D) 61

“The current practice of producing a headnote of the determination of the Asylum and Immigration Tribunal in a country guidance case needed to be reviewed.”

WLR Daily, 25th February 2011

Source: www.lawreports.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.

Solicitors Regulation Authority v Davis and another – WLR Daily

Solicitors Regulation Authority v Davis and another [2011] WLR (D) 36

“Where a solicitor admitted disciplinary charges, and therefore anticipated sanctions upon him, he should give notice in advance of the hearing to the Solicitors Regulation Authority and the Solicitors Disciplinary Tribunal that he intended to contend either that no order for costs should be made against him, in exercise of the tribunal’s power under section 47(2) of the Solicitors Act 1974, or that any order for costs should be limited by reason of his lack of means.”

WLR Daily, 4th February 2011

Source: www.lawreports.co.uk

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

Royal Navy sailor sex discrimination ruling reviewed – BBC News

“A ruling that a sailor missed out on promotion due to her gender is to be reviewed.”

Full story

BBC news, 10th December 2010

Source: www.bbc.co.uk

BCL Old Co Ltd and others v BASF SE ( formerlyBASF AG) and others (No 2) – WLR Daily

BCL Old Co Ltd and others v BASF SE (formerly BASF AG) and others (No 2) [2010] EWCA Civ 1258; [2010] WLR (D) 290

“There was no power under the Competition Appeal Tribunal Rules 2003 to extend time for bringing proceedings for follow-on damages under the Competition Act 1998.”

WLR Daily, 15th November 2010

Source: www.lawreports.co.uk

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

Mental health patients face legal aid delay – The Guardian

“People with mental health problems are finding it increasingly difficult to get lawyers to represent them at tribunals because of changes to the legal aid system.”

Full story

The Guardian, 9th November 2010

Source: www.guardian.co.uk

Courts will ‘struggle to cope’ with Equality Act caseload – Law Society’s Gazette

“Employment lawyers have warned that tribunals could be ‘submerged’ by a surge in cases stemming from the Equality Act 2010, which came into force this month.”

Full story

Law Society’s Gazette, 7th October 2010

Source: www.lawgazette.co.uk

Tribunal orders Government department to release IT contract details – OUT-LAW.com

“The Information Tribunal has ordered a Government department to publish most of the till-now withheld details of a major IT contract after ruling that the public interest was served better by disclosure than secrecy.”

Full story

OUT-LAW.com, 24th September 2010

Source: www.out-law.com

Kenneth Clarke announces plans for unified judiciary – Ministry of Justice

“The Lord Chancellor Kenneth Clarke has outlined plans to create a unified judiciary in England and Wales under the overall leadership of the Lord Chief Justice. Work is already well under way to create a new single unified organisation bringing together Her Majesty’s Court Service and the Tribunals Service, after the plan was announced in March.”

Full press release

Minsitry of Justice, 16th September 2010

Source: www.justice.gov.uk

Royal pressure ‘led to FoI ban on disclosure of lobbying by Charles’ – The Guardian

“Guardian to go to tribunal to gain access to letters to ministers, while Act amendments may mean 20-year block on letters.”

Full story

The Guardian, 13th September 2010

Source: www.guardian.co.uk

Fox Hayes partners face £1m fine – Law Society’s Gazette

“Eight former partners of collapsed Leeds firm Fox Hayes have been held personally responsible for a fine of nearly £1m which was levied against the firm 18 months ago by the Financial Services Authority and remains unpaid.”

Full story

Law Society’s Gazette, 19th August 2010

Source: www.lawgazette.co.uk

Basis of Copyright Tribunal royalty ruling flawed, says High Court – OUT-LAW.com

“The Copyright Tribunal did not have a sound basis for the royalty rate it set in a dispute between rights holders and a music TV broadcaster, the High Court has said. The Tribunal set a new rate on spurious grounds and misunderstood evidence, it said.”

Full story

OUT-LAW.com, 12th August 2010

Source: www.out-law.com

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd – WLR Daily

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd [2010] EWHC 2026 (Comm); [2010] WLR (D) 230

“An arbitral tribunal in assessing damages for breach of contract had been wrong to treat a claim for wasted expenses and a claim for loss of profits as two separate and independent claims which could not be ‘mixed’. Both claims were governed by the principle which required the court to make a comparison between the claimant’s current position and what it would have been had the contract been performed. Where steps had been taken to mitigate the loss which would otherwise have been caused by a breach of contract that principle required the benefits obtained by mitigation to be set against the loss which would otherwise have been sustained.”

WLR Daily, 6th August 2010

Source: www.lawreports.co.uk

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

R (PM) v Hertfordshire County Council – WLR Daily

R (PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin); [2010] WLR (D) 229

“A local authority charged with obligations to children under ss 17 and 20 of the Children Act 1989 was not bound by a simple finding of fact by the First Tier Tribunal (Immigration and Asylum Chamber) as to the age of an applicant for support. Such a finding was not a judgment in rem nor otherwise binding in law on the local authority, or on other strangers to the asylum and immigration appeal.”

WLR Daily, 6th August 2010

Source: www.lawreports.co.uk

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

Family win school catchment spying case – The Guardian

“A family won a landmark ruling today when a council was found to have acted illegally in spying on them for nearly three weeks to discover whether they had lied about living in the catchment area of a top primary school.”

Full story

The Guardian, 2nd August 2010

Source: www.guardian.co.uk

£30m heroin smuggler avoids deportation thanks to obscure law – Daily Telegraph

“A Turkish drug trafficker sentenced to 20 years’ imprisonment for his role in one of Britain’s largest-ever heroin seizures cannot be deported because of an obscure European law.”

Full story

Daily Telegraph, 31st July 2010

Source: www.telegraph.co.uk

Regina (Cart) v Upper Tribunal (Public Law Project intervening) – WLR Daily

Regina (Cart) v Upper Tribunal (Public Law Project intervening) [2010] EWCA Civ 859; [2010] WLR (D) 198

“The Upper Tribunal, while subject to the supervisory jurisdiction of the High Court, was not amenable to judicial review to correct an error of law made in the course of an adjudication which the tribunal was authorised to make.”

WLR Daily, 26th July 2010

Source: www.lawreports.co.uk

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

Harris v Registrar of Approved Driving Instructors – WLR Daily

Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808; [2010] WLR (D) 189

“If an applicant seeking registration, or a registered approved driving instructor seeking renewal of his registration, failed to disclose convictions or made a false declaration that he had no convictions, that struck at the heart of the registration process and the question whether he was a ‘fit and proper person’  to be entered in the applicable register.”

WLR Daily, 16th July 2010

Source: www.lawreports.co.uk

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

What isn’t wrong with Sharia law? – The Guardian

“To safeguard our rights there must be one law for all and no religious courts.”

Full story

The Guardian, 5th July 2010

Source: www.guardian.co.uk

Deane v Secretary of State for Work and Pensions – WLR Daily

Deane v Secretary of State for Work and Pensions [2010] EWCA Civ 699; [2010] WLR (D) 162

“In determining whether a claimant seeking Carer’s Allowance was ‘receiving full-time education’, so as to be excluded, it was erroneous to ask how many hours were actually spent on the activities which were defined within the applicable Regulations.”

WLR Daily, 28th June 2010

Source: www.lawreports.co.uk

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

Calls for change to leasehold law – BBC News

“Lawyers want the rules surrounding leasehold homes to be clarified amid claims some freeholders are charging too much for extensions.”

Full story

BBC News, 5th June 2010

Source: www.bbc.co.uk

SIAC: striking the balance between national security and human rights – The Guardian

“Analysis of the court ruling yesterday on deporting suspected terrorists on the basis of confidential assurances because they would face torture or death.”

Full story

The Guardian, 19th May 2010

Source: www.guardian.co.uk

Lord Neuberger calls for single appeals tribunal – Law Society’s Gazette

“The master of the rolls has recommended that a single body should be responsible for hearing appeals brought by lawyers or legal businesses found to have breached licensing and ownership rules. Lord Neuberger said it is essential that common standards are applicable across the profession.”

Full story

Law Society’s Gazette, 25th March 2010

Source: www.lawgazette.co.uk

Unified courts and tribunals service – Ministry of Justice

“Justice Secretary Jack Straw has announced that the Ministry of Justice will be bringing Her Majesty’s Courts Service and the Tribunals Service into a new, single organisation.”

Full story

Ministry of Justice, 24th March 2010

Source: www.justice.gov.uk

Fears over non-Muslims’ use of Islamic law to resolve disputes – The Guardian

“Campaigners have voiced concerns over a growing number of non-Muslims using Islamic law to resolve legal disputes in Britain despite controversy over the role of sharia law.”

Full story

The Guardian, 14th March 2010

Source: www.guardian.co.uk

Administrative Justice and Tribunals Service comes out of the shadows – The Times

“It is unseen, ignored and unloved. The cinderella branch of the justice system deals with more cases than any other — yet it operates largely in the shadows. This is the Administrative Justice and Tribunals Service, handling everything from parking appeals to school admissions, employment disputes to immigration and asylum cases.”

Full story

The Times, 25th February 2010

Source: www.timesonline.co.uk

Two race claims out of 150 upheld against Metropolitan police at tribunal – Daily Telegraph

“Only two of almost 150 race claims made against the country’s largest police force in the past four years have been upheld at tribunals, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 20th February 2010

Source: www.telegraph.co.uk

Pubs win court battle over music charges – The Independent

“The catering trade and retailers won their court battle today over the charges they pay for playing recorded music.  High Court judge Mr Justice Arnold upheld a ruling from a Copyright Tribunal which the Institute of Licensing said will mean pubs, hotels and restaurants across Britain will now receive up to £20 million in refunds.”

Full story

The Independent, 12th February 2010

Source: www.independent.co.uk

Equality watchdog faces multiple sexism accusations – The Guardian

“The government’s equalities watchdog, set up to promote human rights and tackle discrimination, has been the ­subject of 15 employment tribunals in which it has been accused of ­sexism, racism and ­discriminating against pregnant women, according to the latest figures.”

Full story

The Guardian, 12th February 2010

Source: www.guardian.co.uk

How to appeal an ICO decision: new guidance published – OUT-LAW.com

“The new body which has taken over the power to rule on appeals from decisions of the Information Commissioner’s Office (ICO) has issued guidance on how to conduct an appeal.”

Full story

OUT-LAW.com, 1st February 2010

Source: www.out-law.com

Victims of rogue car clampers to get compensation – Daily Telegraph

“Motorists who fall victim to rogue clampers will be entitled to claim compensation, under new powers brought in by the Government.”

Full story

Daily Telegraph, 29th January 2010

Source: www.telegraph.co.uk

Middle Temple staff plunder wine cellar – Daily Telegraph

“A cellarman at one of Britain’s most prestigious barristers’ inns claimed he was sacked for trying to prevent his colleagues from stealing bottles of wine, a tribunal heard.”

Full story

Daily Telegraph, 20th January 2010

Source: www.telegraph.co.uk

Information Tribunal is abolished as new service takes charge – OUT-LAW.com

“The appeals process for freedom of information and data protection cases changes from today as the previous structure is absorbed into a wider tribunals service.”

Full story

OUT-LAW.com, 18th January 2010

Source: www.out-law.com

Former MI5 man loses supreme court case in memoirs fight – The Guardian

“Judges rule battle to publish book must be pursued in secretive investigatory powers tribunal.”

Full story

The Guardian, 9th December 2009

Source: www.guardian.co.uk

R (A) v Director of Establishments of the Security Service – WLR Daily

R (A) v Director of Establishments of the Security Service [2009] UKSC 12; [2009] WLR (D) 356

“Jurisdiction to hear a claim against the intelligence services for a violation of the right to freedom of expression guaranteed by art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was granted exclusively to the Investigatory Powers Tribunal (“IPT”) by s 65(2)(a) of the Regulation of Investigatory Powers Act 2000. Therefore the High Court had no jurisdiction to hear an application for judicial review brought by a former member of the Security Service in respect of a refusal of permission to publish a book about his work with the service.”

WLR Daily, 9th December 2009

Source; www.lawreports.co.uk

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

Review of fees for the Lands Tribunal – Ministry of Justice

“A consultation on increases to fees for the Lands Tribunal (the Lands Chamber of the Upper Tribunal).”

Full consultation

Ministry of Justice, 1st December 2009

Source: www.justice.gov.uk

Oxfam v Revenue and Customs Commissioners – WLR Daily

Oxfam v Revenue and Customs Commissioners [2009] EWHC 3078 (Ch); [2009] WLR (D) 348

“The VAT & Duties Tribunal had jurisdiction under s 83(1)(c) of the Value Added Tax Act 1994 to determine an appeal concerning recovery of input value added tax where the claim was based upon public law principles and the doctrine of legitimate expectation.”

WLR Daily, 1st December 2009

Source: www.lawreports.co.uk

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

Immigration judges: ‘Afghanistan is not in a state of war’ – The Independent

“Hundreds of Afghans living in Britain face being deported after immigration judges ruled that their home country’s bloody conflict did not make the region an unsafe place to return failed asylum-seekers.”

Full story

The Independent, 23rd October 2009

Source: www.independent.co.uk

Information Tribunal overlooked public interest in legal privilege case, says High Court – OUT-LAW.com

“The Information Tribunal misunderstood part of a Freedom of Information (FOI) Act request and failed to properly adjudicate other parts of it, the High Court has said. The case must be re-considered by the Tribunal.”

Full story

OUT-LAW.com, 23rd July 2009

Source: www.out-law.com

Her Majesty’s Treasury v Information Commissioner – WLR Daily

Her Majesty’s Treasury v Information Commissioner [2009] EWHC 1811 (Admin); [2009] WLR (D) 251

“The convention that law officers’ advice to ministerial departments should not be disclosed without their consent continued to operate after the enactment of the Freedom of Information Act 2000, but was subject to the principles of that Act.”

WLR Daily, 22nd July 2009

Source: www.lawreports.co.uk

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

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd – Times Law Reports

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd

Court of Appeal

“A challenge to a finding by a regulator of infringement of a prohibition, including the prohibition on the abuse of a dominant position, should be made to the Competition Appeal Tribunal under section 46 of the Competition Act 1998. A claim for damages based on a definitive finding of infringement by a regulator was to be made under section 47A of the 1998 Act, as inserted by section 18(1) of the Enterprise Act 2002.”

Source: www.timesonline.co.uk

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd – WLR Daily

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647; [2009] WLR (D) 224

“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”

WLR Daily, 2nd July 2009

Source: www.lawreports.co.uk

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

R (AK (Sri Lanka)) v Secretary of State for the Home Department – WLR Daily

R (AK (Sri Lanka)) v Secretary of State for the Home Department [2009] EWCA Civ 447; [2009] WLR (D) 198

“The phrase ‘further submissions’, in the context of the Secretary of State’s obligation under r 353 of the Immigration Rules to consider whether any such submissions amounted to a fresh claim for asylum, merely meant representations, whether new or not, and those representations could be short or long, advanced on either asylum or human rights grounds, and reasoned or unreasoned. Where further submissions had in fact been found to have been made, and the question of whether they had already been considered was being asked for the purposes of ascertaining whether they were ‘significantly different’, within the meaning of r 353, and therefore might amount to a fresh claim, it was clear that no particular form was required in which new material to be put before the Secretary of State had to be cast, and that such new material might assert a human rights or asylum claim in a different category from what had been claimed the first time and that, alternatively, the same category of claim may be persisted in, but new facts asserted to support it. Where such previously unconsidered further submissions were found to have been made and the question was being asked whether, taken together with previously considered material, they enjoyed a realistic prospect of success within the meaning of r 353, and amounted thereby to a fresh claim, ‘realistic prospect of success’ meant ‘more than a fanciful such prospect’ and was not the same as a case which was clearly unfounded, the latter being a case with no prospect of success.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

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

Court enforcement officers to help employees collect unpaid awards from tribunals – Ministry of Justice

“Tough new measures to improve the payment of employment tribunal awards and reduce the costs of enforcing unpaid ones were announced today by Justice Secretary Jack Straw.”

Full story

Ministry of Justice, 19th May 2009

Source: www.justice.gov.uk

Regina (G) v Governors of X School – Times Law Reports

Regina (G) v Governors of X School

Queen’s Bench Division

“An employee of a school facing a disciplinary committee for allegations of sexual misconduct was entitled to an enhanced measure of procedural protection afforded by article 6.1 of the European Convention on Human Rights, guaranteeing the right to a fair hearing, which included the right to legal representation at the disciplinary hearing.”

Times Law Reports, 24th April 2009

Source: www.timesonline.co.uk

H (a Child) v East Sussex County Council – Times Law Reports

H (a Child) v East Sussex County Council

Court of Appeal

“Special educational needs tribunals were required to give only summary reasons for their decisions.”

The Times, 22nd April 2009

Source: www.timesonline.co.uk

Copyright Tribunal rules will change to fast track smaller cases – OUT-LAW.com

“The Government is changing the way that a copyright disputes body operates in a bid to save time and money. It has opened a consultation on the changes to the operation of the Copyright Tribunal.”

Full story

OUT-LAW.com, 15th April 2009

Source: www.out-law.com

R (Bunce) v Pensions Appeal Tribunal and another – WLR Daily

R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134

“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

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

R (Parish) v Pensions Ombudsman – WLR Daily

R (Parish) v Pensions Ombudsman; [2009] WLR (D) 86

“Where the ultimate question to be determined by the Pensions Ombudsman in an investigation differed from the ultimate question which had arisen in previously begun court or employment tribunal proceedings, s 146(6)(a)(i) of the Pension Schemes Act 1993 did not preclude an investigation by reason of a factual issue being common to the investigation and to the court or employment tribunal proceedings.”

WLR Daily, 9th March 2009

Source: www.lawreports.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.

Protectacoat Firthglow Ltd v Szilagyi – WLR Daily

Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67

“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”

WLR Daily, 23rd February 2009

Source: www.lawreports.co.uk

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

Floe Telecom Ltd v Office of Communications and Another – Times Law Reports

Floe Telecom Ltd v Office of Communications and Another

Court of Appeal

“Where a tribunal had made unnecessary findings which were damaging to the public interest, it was appropriate for the Court of Appeal to entertain the regulator’s appeal against those findings although he had won.”

The Times,23rd February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


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