Citations: [2011] UKUT 81 – Costs (TCC) Links: Bailii Statutes: Tribunal Procedure (Upper Tribunal) Rules 2008 10 Jurisdiction: England and Wales Taxes – Other, Costs Updated: 25 March 2022; Ref: scu.440805
(1) There is nothing in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 that prevents the First-tier Tribunal from refusing to admit an application for permission to appeal to the Upper Tribunal, where the application is made outside the relevant time limit and the First-tier Tribunal does not extend time. (2) The … Continue reading Bhavsar (Late Application for PTA: Procedure : South Africa): UTIAC 12 Apr 2019
UTIAC (1) In deciding an application for permission to appeal the Upper Tribunal against the decision of the First-tier Tribunal, Immigration and Asylum Chamber, a judge of that Chamber should consider carefully the utility of granting permission only on limited grounds. In practice, such a limited grant is unlikely to be as helpful as a … Continue reading Ferrer (Limited Appeal Grounds; Alvi) Philippines: UTIAC 1 Aug 2012
STRIKE OUT APPLICATION – No real prospect of success – Fitness and propriety – Criminal convictions – Applicant referred decision notice containing prohibition order – Recent convictions for failing to notify change of control and for knowingly or recklessly giving false and misleading information – Whether and in what circumstances it is proper for Tribunal … Continue reading Sharma v Financial Services Authority: UTTC 7 Dec 2010
FTTTx HMRC directed to provide further and better particulars – unless order breached – whether HMRC should be barred – whether Mitchell applies – HMRC barred. Judges: Judge Mosedale Citations: [2014] UKFTT 644 (TC) Links: Bailii Statutes: Finance Act 2011 75 Jurisdiction: England and Wales Citing: Cited – Mitchell MP v News Group Newspapers Ltd … Continue reading BPP University College of Professional Studies v Revenue and Customs: FTTTx 1 Jul 2014
UTTC Procedure – Application under Rule 5(3)(a) Tribunal Procedure (Upper Tribunal) Rules 2008 for extension of time to provide notice of appeal to Upper Tribunal under Rule 23(2)(a) – effect of amendments to CPR 3.9 with effect from 1 April 2013 and Mitchell v News Group Newspapers Ltd – application refused Citations: [2014] UKUT B1 … Continue reading HM Revenue and Customs v McCarthy and Stone (Developments) Limited, Monarch Realisations No 1 Plc (In Administration): UTTC 10 Jan 2014
UTIAC Rule 9(5) of the Tribunal Procedure (Upper Tribunal) Rules 2008, which provides for UNHCR participation in Upper Tribunal proceedings as an intervener in an ‘asylum case’, is to be construed purposively to include subsidiary (humanitarian) protection. In deciding whether to accept an application by an appellant to withdraw an appeal in an asylum-related case … Continue reading HM and Others (Article 15(C)) Iraq CG: UTIAC 22 Sep 2010
‘Can this Court entertain an appeal from a decision made pursuant to rule 43 of Tribunal Procedure (Upper Tribunal) Rules 2008 (‘UTR’) by the Upper Tribunal (Asylum and Immigration Chamber) ‘ Judges: Lord Justice Lewison Lady Justice Macur And Lord Justice Dingemans Citations: [2022] EWCA Civ 1057 Links: Bailii Jurisdiction: England and Wales Immigration, Litigation … Continue reading DJ v Secretary of State for The Home Department: CA 29 Jul 2022
FINANCIAL SERVICES- Decision Notice refusing application for registration as a cryptoasset exchange provider – giving of Decision Notice terminated Applicant’s temporary registration – application for direction to suspend effect of Decision Notice until appeal disposed of – whether Tribunal satisfied that the direction to suspend the effect of the notice would not prejudice the interests … Continue reading Gidiplus Limited v The Financial Conduct Authority: UTTC 16 Feb 2022
FINANCIAL SERVICES – costs – whether all or any part of costs claimed by successful applicant should be awarded – whether the referred decision was unreasonable – whether the Authority conducted the proceedings unreasonably – Tribunal Procedure (Upper Tribunal) Rules 2008 rule 10 (3) (d) and (e). Citations: [2020] UKUT 243 (TCC) Links: Bailii Jurisdiction: … Continue reading Financial Solutions (Euro) Ltd v The Financial Conduct Authority: UTTC 5 Aug 2020
(1) What emerges from the guidance in Cancino (costs – First-tier Tribunal – new powers) [2015] UKFTT 59 (IAC) is that the power to award costs in rule 9 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and rule 10 of the Tribunal Procedure (Upper Tribunal) Rules 2008 is to be … Continue reading Thapa and Others (Costs: General Principles; S9 Review): UTIAC 16 Jan 2018
The claimant had complained that the appellant Authority had made public a penalty imposed on a former employer but implicating him without he being first given an opportunity to make representations. Judges: Lord Neuberger, President, Lord Mance, Lord Wilson, Lord Sumption, Lord Hodge Citations: [2017] UKSC 19, [2017] Bus LR 64, [2017] 1 WLR 1095, … Continue reading Financial Conduct Authority v Macris: SC 22 Mar 2017
PROCEDURE – application to reinstate appeal struck out for failure to cooperate with the Upper Tribunal – Rule 8(3)(a) Tribunal Procedure (Upper Tribunal) Rules 2008 – whether special circumstances justify reinstatement – no – application refused Citations: [2014] UKUT B5 (TCC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 06 February 2022; Ref: scu.525879
1. By virtue of rules 45 and 46 of the Tribunal Procedure (Upper Tribunal) Rules 2008 a condition precedent to a review is an application for permission to appeal against the decision of the Upper Tribunal. 2. Pursuant to s.10 of the Tribunals, Courts and Enforcement Act 2007, rules 45 and 46 make no provision … Continue reading AA (Upper Tribunal – Review Power) Uzbekistan: UTIAC 1 Jun 2015
UTLC COMPENSATION – COSTS – temporary possession under Crossrail Act 2008 – whether Tribunal has power to award costs in reference – s.4, Land Compensation Act 1961 – rule 10, Tribunal Procedure (Upper Tribunal)(Lands Chamber) Rules 2010 [2015] UKUT 356 (LC) Bailii England and Wales Land Updated: 02 January 2022; Ref: scu.549872
UTIAC (i) Rule 7(2) of the Tribunal Procedure (Upper Tribunal) Rules 2008 empowers the Upper Tribunal to take such action as it considers just, which may include striking out a party’s case under rule 8, where there has been a failure to comply with a requirement of the rules, a practice direction or a tribunal … Continue reading SN, Regina (on The Application of) v Secretary of State for The Home Department (Striking Out : Principles) (IJR): UTIAC 23 Apr 2015
FINANCIAL SERVICES – preliminary hearing – third party rights – s 393 Financial Services and Markets Act 2000 – whether applicant identified in notice – yes [2014] UKUT B7 (TCC) Bailii England and Wales Cited by: At UTTC – The Financial Conduct Authority v Macris CA 19-May-2015 Appeal by the Authority against a decision by … Continue reading Macris v The Financial Conduct Authority: UTTC 10 Apr 2014
UTIAC (1) Rule 17 (withdrawal) of the Tribunal Procedure (Upper Tribunal) Rules 2008 does not enable the Upper Tribunal to withhold consent to the withdrawal by the Secretary of State of the decision against which a person appealed to the First-tier Tribunal. (2) Where such a decision is withdrawn in appellate proceedings before the Immigration … Continue reading SM (Withdrawal of Appealed Decision: Effect) (Pakistan): UTIAC 11 Feb 2014
In the light of the continuing inability of the Secretary of State to file acknowledgements of service in immigration judicial review proceedings within the time limit contained in the Tribunal Procedure (Upper Tribunal) Rules 2008 and in the light of the general guidance given by the High Court in R (on the application of Singh … Continue reading Kumar and Another, Regina (on The Application of) v Secretary of State for The Home Department (Acknowledgement of Service; Tribunal Arrangements) (IJR): UTIAC 26 Feb 2014
okonduUTIAC1408 UTIAC (1) Section 29 of the Tribunals, Courts and Enforcement Act 2007 confers on the Upper Tribunal a discretionary power to order a legal or other representative to pay ‘wasted costs’ incurred by the other party. ‘Wasted costs’ are defined in section 29(5) as costs incurred by a party: ‘(a) as a result of … Continue reading Okondu and Another, Regina (on The Application of) v Secretary of State for The Home Department (Wasted Costs; SRA Referrals; Hamid) IJR: UTIAC 20 Aug 2014
The defendant newspaper published an article describing the attendance at a motor race at Dieppe. It described the antics, intending to refer to a fictitious person, of one Artemus Jones, and said of him that he was ‘with a woman who is not his . .
Appeal by the Authority against a decision by the Upper Tribunal (Tax and Chancery Chamber) deciding, as a preliminary issue determined in accordance with Rule 5(3)(e) of the Tribunal Procedure (Upper Tribunal) Rules 2008, that the respondent to . .
The court system has acknowledged that the movement toward wider and wider publication of case law (of which we form part) has potential conflicts with privacy in general, and GDPR and Human Rights in particular. There have therefore been developed much more explicit systems for applying to court for ‘anonymity orders’ – an order that … Continue reading Anonymity Orders
Tribunal practice and procedure – rules 5(3)(d) and 15(2) of the Tribunal Procedure (Upper Tribunal) Rules 2008 – proper approach to deciding whether to admit new evidence which is sought to be adduced to support a ground of appeal that the decision . .
Procedure – Application under Rule 5(3)(a) Tribunal Procedure (Upper Tribunal) Rules 2008 for extension of time to provide notice of appeal to Upper Tribunal under Rule 23(2)(a) – effect of amendments to CPR 3.9 with effect from 1 April 2013 and . .
Financial Services and Markets Act 2000 – reference of Authority’s decision to Tribunal – Tribunal Procedure (Upper Tribunal) Rules 2008 rule 10(3)(d)-(e) – whether some costs should be awarded to largely unsuccessful applicant . .
References: [2016] UKUT 129 (TCC) Links: Bailii UTTC Ratio FINANCIAL SERVICES – Decision Notice refusing permission for authorisation to carry on debt adjusting and debt counselling activities- giving of Decision Notice terminated Applicant’s Interim Permission to carry on those activities – Application for direction to suspend effect of Decision Notice until reference disposed of – … Continue reading PDHL Ltd v Financial Conduct Authority UKUT 129; UTTC 28 Jan 2016
References: [2014] UKUT B1 (TCC) Links: Bailii UTTC Procedure – Application under Rule 5(3)(a) Tribunal Procedure (Upper Tribunal) Rules 2008 for extension of time to provide notice of appeal to Upper Tribunal under Rule 23(2)(a) – effect of amendments to CPR 3.9 with effect from 1 April 2013 and Mitchell v News Group Newspapers Ltd … Continue reading HM Revenue and Customs v McCarthy and Stone (Developments) Limited, Monarch Realisations No 1 Plc (In Administration); UTTC 10 Jan 2014
References: [2014] STI 626, [2014] STC 973, [2014] BVC 504, [2014] UKUT 196 (TCC) Links: Bailii Procedure – Application under Rule 5(3)(a) Tribunal Procedure (Upper Tribunal) Rules 2008 for extension of time to provide notice of appeal to Upper Tribunal under Rule 23(2)(a) – effect of amendments to CPR 3.9 with effect from 1 April … Continue reading Revenue and Customs v McCarthy and Stone (Developments) Ltd and Another; UTTC 10 Jan 2014