Judges: Lord MacKay of Drumadoon, Lady Dorrian, Lord Marnoch Citations: [2013] ScotCS CSIH – 8 Links: Bailii Scotland, Immigration Updated: 14 November 2022; Ref: scu.470957
Citations: [2018] ScotCS CSIH – 6 Links: Bailii Jurisdiction: Scotland Scotland Updated: 05 April 2022; Ref: scu.605899
Citations: [2018] ScotCS CSIH – 60 Links: Bailii Jurisdiction: Scotland Immigration Updated: 01 April 2022; Ref: scu.622435
Citations: [2017] ScotCS CSIH – 66 Links: Bailii Jurisdiction: Scotland Immigration Updated: 01 April 2022; Ref: scu.598942
Extra Division, Inner House Court of Session Lady Clark of Calton [2014] ScotCS CSIH – 85 Bailii Scotland, Immigration Updated: 22 December 2021; Ref: scu.538168
The decision of the First-tier Tribunal did not involve the making of an error on a point of law under section 12 of the Tribunals, Courts and Enforcement Act 2007. Citations: [2020] UKUT 152 (AAC) Links: Bailii Jurisdiction: England and Wales Health Updated: 31 December 2022; Ref: scu.652185
The claimants renewed their applications for leave to appeal against decisions of the Upper Tribunal Immigration and Asylum Chamber – possible test cases on the application of the ‘second-tier appeals test’ – refused Judges: Lord Neuberger MR, Sir Anthony May P, Carnwath LJ Citations: [2012] 1 WLR 73, [2011] EWCA Civ 988, [2011] Imm AR … Continue reading PR (Sri Lanka) and Others v Secretary of State for The Home Department: CA 11 Aug 2011
Appeals Under Section 13 of The Tribunals, Courts and Enforcement Act 2007 By Judges: Lord Doherty Citations: [2020] ScotCS CSIH – 60, [2020] CSIH 60, [2020] STC 2125, 2020 GWD 30-394, 2021 SC 123, [2020] BVC 19, 2020 SLT 1131 Links: Bailii Jurisdiction: Scotland Cited by: Appeal from – DCM (Optical Holdings) Ltd v Revenue … Continue reading DCM (Holdings) Ltd v The Commissioners for Her Majesty’s Revenue and Customs: SCS 8 Sep 2020
Judges: Lord Reed, President Lord Hodge, Deputy President Lord Sales Lord Hamblen Lord Stephens Citations: [2022] UKSC 26 Links: Bailii, Bailii Press Summary, Bailii Issues/Facts Jurisdiction: Scotland Citing: Appeal from – DCM (Holdings) Ltd v The Commissioners for Her Majesty’s Revenue and Customs SCS 8-Sep-2020 Appeals Under Section 13 of The Tribunals, Courts and Enforcement … Continue reading DCM (Optical Holdings) Ltd v Revenue and Customs (Scotland): SC 12 Oct 2022
FTTTx Costs – s 29 Tribunals, Courts and Enforcement Act 2007 – Tribunal Procedure Rule 10 – Costs incurred before start of proceedings – Relevant behaviour of party Judges: Kempster TJ Citations: [2012] UKFTT 387 (TC) Links: Bailii Statutes: Tribunals, Courts and Enforcement Act 2007 29 Jurisdiction: England and Wales Taxes – Other Updated: 09 … Continue reading G Wilson (Glaziers) Ltd v Revenue and Customs: FTTTx 20 Mar 2012
The claimant sought to appeal against refusal of relief from payment of sums assessed by way of penalty, on the basis of hardship. HMRC argued that the right of appeal underthe 2007 Act had been taken away by the 1994 Act. Judges: Simon J Citations: [2012] QB 358, [2011] BVC 211, [2012] 2 WLR 435, … Continue reading Totel Ltd, Regina (on The Application of) v The First Tier Tribunal (Tax Chamber) and Others: Admn 24 Mar 2011
The court was asked as to the lawfulness of the Secretary of State making deductions from ongoing social security benefit to recover the overpayment of incapacity benefit and the repayment of a social fund budgeting loan during the moratorium period of a debt relief order. Held: The Secretary of state could not deduct the sums … Continue reading Payne and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 26 Jul 2010
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and jurisdiction meant that it was amenable to judicial review, but only on grounds of excess … Continue reading Cart, Regina (on The Application of) v The Upper Tribunal and Others: CA 23 Jul 2010
The claimant’s appeal to the Upper Tribunal is allowed. The decision of the Weymouth appeal tribunal dated 13 April 2007 involved an error on a point of law and is set aside. It is appropriate for the Upper Tribunal to re-make the decision on the claimant’s appeal against the Secretary of State’s decision dated 15 … Continue reading KB v Secretary of State for Work and Pensions: UTAA 2 Jul 2009
Housing – Rent Repayment Order – conduct issues relied on by tenants not dealt with by FTT – appeal allowed – approach to be taken to FTT’s assessment in redetermining tenants’ original application – ss. 40, 44, Housing and Planning Act 2016 – s.12, Tribunals, Courts and Enforcement Act 2007 Citations: [2022] UKUT 164 (LC) … Continue reading Simpson House 3 Ltd v Osserman and Others: UTLC 23 Jun 2022
The statutory mechanism for commercial rent arrears recovery was not the equivalent of the old common law right to distrain for arrears of rent. Levying distress under the old common law right was an unequivocal recognition that the lease was continuing on the day of distress itself. Whether the exercise of the new statutory mechanism … Continue reading Thirunavukkrasu v Brar and Another: ChD 24 Sep 2018
COMPENSATION – COSTS – certificate of appropriate alternative development – whether the Upper Tribunal has power to award costs in an appeal under s.18, Land Compensation Act 1961 – whether proceedings for compensation for compulsory purchase – s.29, Tribunals, Courts and Enforcement Act 2007 – rule 10(6)(a), Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 … Continue reading Leech Homes Ltd v Northumberland County Council: UTLC 26 Nov 2020
LANDLORD AND TENANT – FTT PROCEDURE – whether applicant entitled to appoint a lay representative to conduct tribunal proceedings on its behalf – whether ‘conduct of litigation’ before the FTT a reserved legal activity – whether lay representative an exempt person – s.22, Tribunals, Courts and Enforcement Act 2007 – ss. 13, 14, 18 Legal … Continue reading Buttercup Buildings Ltd v Avon Estates (London) Ltd and Others: UTLC 10 Dec 2020
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
(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
(1) GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 is not authority for the proposition that an appellate court or tribunal has a free-standing duty, derived from section 6 of the Human Rights Act 1998 (public authority not to act incompatibly with ECHR right), to disturb a decision … Continue reading Akter (Appellate Jurisdiction, E and R Challenges) Bangladesh: UTIAC 22 Oct 2021
WASTED COSTS – section 29(4) of the Tribunals, Courts and Enforcement Act 2007 Citations: [2014] UKUT 99 (TCC) Links: Bailii Jurisdiction: England and Wales Costs Updated: 23 March 2022; Ref: scu.525874
(1) Before it has re-made the decision in an appeal, pursuant to section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007, the Upper Tribunal has jurisdiction to depart from, or vary, its decision that the First-tier Tribunal made an error of law, such that the First-tier Tribunal’s decision should be set aside under section … Continue reading AZ (Error of Law: Jurisdiction; PTA Practice): UTIAC 5 Jul 2018
Section 29(4) of the Tribunals, Courts and Enforcement Act 2007 results in the Upper Tribunal having powers in relation to the making of wasted costs orders (as defined in section 29(5)) which are not subject to the limitations in s.29(3) or r.10 of the Tribunal Procedure ( Upper Tribunal) Rules 2008. Citations: [2016] UKUT 62 … Continue reading MSM and Others (Wasted Costs, Effect of S29, ): UTIAC 15 Jan 2016
FTTTx REPAYMENT OF VAT – taxi firm sole proprietor retention of monies by HMRC for three tax returns to offset tax due under assessments. – previous decision not dealing with issue although dismissing appeal against assessments – Upper Tier Tribunal on application to appeal referring issue on retention back to First Tier Tribunal for determination … Continue reading Lancaster (T/A Airport Cars) v Revenue and Customs: FTTTx 10 Nov 2010
UTLC LANDLORD AND TENANT – FTT procedure – power to award costs for unreasonable conduct of proceedings – s.29, Tribunals, Courts and Enforcement Act 2007 – Rule 13(1)(b) Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 – appeals allowed [2016] UKUT 290 (LC) Bailii England and Wales Landlord and Tenant Updated: 20 January 2022; Ref: … Continue reading Willow Court Management Company (1985) Ltd v Alexander: UTLC 21 Jun 2016
The issue raised on this appeal concerns the extent to which the jurisdiction of the First-tier Tribunal to make an order for costs is fettered by the provisions of the Rules regulating the procedure of the Tribunal. Held: With one exception, under rule 10(1), the FTT can only make two types of costs order. The … Continue reading Eclipse Film Partners No 35 Llp v Revenue and Customs: SC 11 May 2016
Application for permission to appeal from a decision of the Upper Tribunal Lands Chamber, itself on appeal from a decision of the Land and Leasehold Valuation Tribunal for the Wales Rent Assessment Committee. There are two issues on this application. First, does the second appeal test set out in the Appeals from the Upper Tribunal … Continue reading Clarise Properties Ltd v Rees and Another: CA 29 Jul 2015
As the decision of the First-tier Tribunal (made on 6 June 2014 at Liverpool under reference SC064/14/00236) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007 and the decision is RE-MADE. The decision is: The claimant is … Continue reading Secretary of State for Work and Pensions (AA) v AK (European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004 ): UTAA 4 Mar 2015
Costs — s 29 Tribunals, Courts and Enforcement Act 2007 — Tribunal Procedure Rule 10 — Refusal by HMRC of Appellant’s request to call two named HMRC officials as witnesses — Whether HMRC thereby ‘acted unreasonably in . . defending . . the proceedings’ — In the circumstances of the case, no — Application for … Continue reading Letts v Revenue and Customs: FTTTx 22 Jul 2014
FTTTx INCOME TAX – forgivable loan – when was loan waived – timing of tax charge – carelessness – penalties – special circumstances – section 62 ITEPA 2003 and Schedule 24 Finance Act 2007 COSTS – wasted costs – party acting unreasonably – power of Tribunal to award costs – section 29, Tribunals, Courts and … Continue reading Berrier v Revenue and Customs: FTTTx 13 May 2014
FTTTx Costs – litigant in person – reasonable excuse case – whether Respondents acted unreasonably – yes – costs awarded [2014] UKFTT 201 (TC) Bailii The Litigants In Person (Costs and Expenses) Act 1975, Tribunals, Courts and Enforcement Act 2007 Taxes Management Updated: 03 December 2021; Ref: scu.525201
UTLC LEASEHOLD ENFRANCHISEMENT – estate charges – estate management scheme – section 159, Commonhold and Leasehold Reform Act 2002 – whether jurisdiction to vary a variable estate charge – unopposed appeal – observations on power of review under section 9, Tribunals Courts and Enforcement Act 2007 – appeal allowed Martin Rodger QC, DP [2013] UKUT … Continue reading Scriven and Others v Calthorpe Estates and Others: UTLC 25 Sep 2013
The respondent had had prepared a report as to the balance of its reporting of the Israeli-Palestinian conflict. Earlier proceedings had established that the purposes of the holding of the reporting included jurnalism. The claimant now appealed against an order by the Information Tribunal saying that if the purposes included journalism, then other purposes for … Continue reading Sugar v The British Broadcasting Commission and Another (No 2): CA 23 Jun 2010
Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993
Equitable Interpleader Equitable Interpleader – Enforcement – controlled goods – interpleader – equity – common law – Civil Procedure – Rules of Supreme Court – title to goods – third party – Writ – High Court Enforcement Officers Victoria McCloud M [2018] EWHC 219 (QB) Bailii Civil Procedure Rules 85.4 85.5, Tribunals, Courts and Enforcement … Continue reading Celador Radio Ltd v Rancho Steak House Ltd (Equitable Interpleader – Enforcement): QBD 16 Feb 2018
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
ic_fsa Information rights – Data protection – whether a person’s name constitutes personal data. As the decision of the First-tier Tribunal (made on 16 April 2012 under reference EA/2011/0132) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act … Continue reading The Information Commissioner v The FSA and Edem: UTAA 11 Dec 2012
The claimant appealed against the refusal of the defendant to remove his name from the list of those barred from working with children. He had been a GP. Though not priosecuted for any criminal offence the Professional Conduct Committee had found his misconduct proved and he had been suspended from the Medical register for twelve … Continue reading Sarfraz v Disclosure and Barring Service: CA 22 May 2015
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
UTIAC (i) Neither s.18, nor any other provision in the Tribunals, Courts and Enforcement Act 2007 (‘the 2007 Act’), nor any provision in the Tribunal Procedure (Upper Tribunal) Rules 2008 gives the Upper Tribunal a discretionary power to transfer to the High Court a case which has been begun in the Upper Tribunal. Where a … Continue reading B, Regina (on The Application of) v Secretary of State for The Home Department (Rule 33A Jr Amendments and Transfers) (IJR): UTIAC 15 Mar 2016
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
tribunal appointed manager discharged – manager’s duty to account for funds received – consequences of manager’s failure to account – s.24, Landlord and Tenant Act 1987 – s.25, Tribunals, Courts and Enforcement Act 2007 – rule 8(5), Tribunal . .
PROCEDURE – costs – whether the Tribunal has power to order a payment in respect of pro bono costs – s 194, Legal Services Act 2007; s 29, Tribunals, courts and Enforcement Act 2007 – held: no such power in the Tribunal – application refused . .
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The appeal is allowed. The decision of the First-tier Tribunal on the papers on 31 October 2019 under reference EH935/1900089 involved the making of an error of law and is set aside. Acting under section 12(2)(b) of the Tribunals, Courts and Enforcement Act 2007, I remake the decision in terms that the claim is to … Continue reading F v Responsible Body of School W: UTAA 6 Apr 2020
1. Where s.104(4A) applies to an appeal, neither the First-tier Tribunal nor the Upper Tribunal has any jurisdiction unless and until a notice is given in accordance with s.104(4B). 2. If such a notice is given, it has the effect of retrospectively causing the appeal to have been pending throughout, and validating any act by … Continue reading MSU (S104(4B) Notices) Bangladesh: UTIAC 20 Dec 2019
(1) A decision by the First-tier Tribunal not to decide a ground of appeal constitutes a ‘decision’ for the purposes of s.11(1) of the Tribunals, Courts and Enforcement Act 2007. It may therefore be appealed to the Upper Tribunal. (2) If an appellant’s appeal before the First-tier Tribunal succeeds on some grounds and fails on … Continue reading Smith (Appealable Decisions; PTA Requirements; Anonymity : Belgium): UTIAC 28 Jun 2019
The Court considered whether it had jurisdiction to grant permission to appeal against a decision of the President of the Upper Tribunal (Lands Chamber) refusing permission to appeal to the UT against a decision of the Leasehold Valuation Tribunal. Section 175 of the 2002 Act provided that a party to proceedings before a LVT may … Continue reading The Wellcome Trust Ltd v 19-22 Onslow Gardens Freehold: CA 5 Jul 2012
The procedural issue: appeals under section 11 of the TCEA 2007 (1) The appellate regime established by the Nationality, Immigration and Asylum Act 2002, as amended, is concerned with outcomes comprising the determination of available grounds of appeal; (2) A party who has achieved the exact outcome(s) sought by way of an appeal to the … Continue reading Binaku (S 11 TCEA; S 117C NIAA; Para 399D): UTIAC 27 Jan 2021
(1) In determining whether, in the case of a person removed from the United Kingdom pursuant to a certificate under section 94B of the Nationality, Immigration and Asylum Act 2002, there has been a breach of Article 8 ECHR in its procedural or substantive form, the actions of the Secretary of State do not necessarily … Continue reading Watson, Regina (on The Application of) v Secretary of State for The Home Department (S 94B Process, S 25 Powers): UTIAC 5 May 2022
UTIAC 1. There is no right of appeal to the Upper Tribunal against a decision not to extend time under rule 10 of the First-tier Tribunal Procedure Rules when a notice of appeal has been given out of time. It is a ‘preliminary decision made in relation to an appeal’ within Art 3(m) of the … Continue reading NA (Excluded Decision; Identifying Judge) Afghanistan: UTIAC 20 Oct 2010
UTIAC 1) In deciding whether to set aside the decision of the First-tier Tribunal under section 12 of the Tribunals, Courts and Enforcement Act 2007 the Upper Tribunal can dispose of the appeal in one of two ways, either by remitting the case to the Fist-tier Tribunal or by re-making the decision. However, that choice … Continue reading RH (UTIAC – Remittals) Jamaica: UTIAC 22 Nov 2010
Application for leave to appeal under the Tribunals, Courts and Enforcement Act 2007, section 13 Citations: [2014] ScotCS CSIH – 104 Links: Bailii Jurisdiction: Scotland Immigration Updated: 15 September 2022; Ref: scu.539852
The issue in this case was whether there is a right of appeal to the Upper Tribunal against a review decision of the Special Educational Needs Tribunal for Wales. The Upper Tribunal decides that there is a right of appeal, which is not the case for review decisions of the First-tier Tribunal. The application of … Continue reading AB v Newport City Council: UTAA 28 Jun 2022
The decision of the appeal tribunal held on 2 November 2007 is erroneous in point of law. I set aside that decision. I re-make that decision pursuant to s.12(2) of the Tribunals, Courts and Enforcement Act 2007. The claimant is not entitled to contribution based Jobseeker’s Allowance in respect of the claim made on 23 … Continue reading LE: UTAA 24 Aug 2009
Unison brought two challenges to rules brought in to impose fees for the bringing of cases in the Employment Tribunal. Held: The appeals were dismissed. The imposition of a fee would not constitute an interference with the right of effective access to a tribunal under EU law unless it made it impossible in practice to … Continue reading Unison, Regina (on The Application of) v The Lord Chancellor: CA 26 Aug 2015
UTTC TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007COMPENSATION – compulsory purchase – value of land taken – severance and injurious affection – valuation – comparables – disturbance – Land Compensation Act 1961 section 5, rules (2) and (6); Compulsory Purchase Act 1965 section 7 – compensation determined at pounds 544,400 Citations: [2011] UKUT 18 (LC) Links: … Continue reading East Cheshire Council, Re Heawood Hall Cottage: UTTC 14 Jan 2011
UTAA The claimant’s appeal to the Upper Tribunal is allowed. The decision of the Newcastle-upon-Tyne First-tier Tribunal dated 30 January 2009 involved an error on a point of law and is set aside. It is appropriate for the Upper Tribunal to re-make the decision on the claimant’s appeal against Newcastle City Council’s decisions dated 8 … Continue reading SD v Newcastle City Council: UTAA 17 Aug 2010
(1) Section 117A of the Nationality, Immigration and Asylum Act 2002 requires the Upper Tribunal, in a judicial review involving Article 8(2) ECHR, to have regard to the considerations mentioned in section 117B and, where relevant, section 117C, when considering the question whether an interference with a person’s right to respect for private and family … Continue reading Khairdin, Regina (on The Application of) v Secretary of State for The Home Department (NIA 2002: Part 5A) (IJR): UTIAC 28 Nov 2014
Whilst no mention of the basis of costs assessment is made in the Tribunals, Courts and Enforcement Act 2007 or the Tribunal Procedure (Upper Tribunal) Rules 2008, the distinction drawn between the standard and indemnity bases by CPR 44.3(1) can properly inform the exercise of discretion by the Immigration and Asylum Chamber of the Upper … Continue reading Butt, Regina (on The Application of) v Secretary of State for The Home Department (Indemnity Costs): UTIAC 4 Feb 2022
Preserving findings of fact (1) Whether and, if so, when the Upper Tribunal should preserve findings of fact in a decision of the First-tier Tribunal that has been set aside has been considered by the Higher Courts in Sarkar v Secretary of State for the Home Department [2014] EWCA Civ 195, TA (Sri Lanka) v … Continue reading AB (Preserved FTT Findings; Wisniewski Principles) Iraq: UTIAC 11 Aug 2020
(1) Once the public law issues in a judicial review claim have been resolved, section 25 of the Tribunals, Courts and Enforcement Act 2007 allows the Upper Tribunal to transfer an action for damages to a county court. Judges: The Hon Mr Justice Lane, President Upper Tribunal Judge O’Callaghan Citations: [2021] UKUT 320 (IAC) Links: … Continue reading T, Regina (on The Application of) v Secretary of State for The Home Department (Judicial Review: Damages Claims): UTIAC 30 Nov 2021
(i) The power conferred on the Upper Tribunal, exercisable upon remittal to the First-tier Tribunal, by section 12(b)(i) of the Tribunals, Courts and Enforcement Act 2007 to give directions is distinct from the power conferred by section 12(3)(b) to give procedural directions. (ii) Directions under section 12(b)(i) encompass matters such as guidance on the law … Continue reading ONM (Remittal To UKFTT With Directions): UTIAC 17 Aug 2015
[1] Rule 9 of the 2014 Rules operates in conjunction with section 29 of the Tribunals, Courts and Enforcement Act 2007. [2] The only powers to award fees or costs available to the First-tier Tribunal (the ‘FtT’) are those contained in Rule 9 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 … Continue reading Cancino (Costs – First-Tier Tribunal – New Powers): UTIAC 28 Jan 2015
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
The First-tier Tribunal (Property Chamber) (‘the FTT’) does not itself have enforcement powers, but its decisions can potentially be enforced through Court mechanisms, notably pursuant to section 176C of the Commonhold and Leasehold Reform Act 2002 (‘the 2002 Act’) or section 27 of the Tribunals, Courts and Enforcement Act 2007 (‘the 2007 Act’). The issue … Continue reading Termhouse (Clarendon Court) Management Ltd v Al-Balhaa: CA 10 Dec 2021
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
UTLC COSTS – claim for compensation for injurious affection – costs capping – application to join non-party for costs – section 29 of the Tribunals, Courts and Enforcement Act 2007 – rule 10 of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010, as amended [2014] UKUT 372 (LC) Bailii Tribunals, Courts and Enforcement Act … Continue reading Dickinson v Network Rail Infrastructure Ltd: UTLC 29 Aug 2014
Limitations to Judicial Reviw of Upper Tribunal Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper scope of judicial review was limited or excluded. … Continue reading Cart v The Upper Tribunal: SC 21 Jun 2011
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
LRA Costs : Parties Without Representation – Litigants in person – entitlement to costs and expenses; Litigants in Person (Costs and Expenses) Act 1975, s 1(1), (2); Civil Procedure Rules: CPR 2.3(3), 48.6(1) – . .
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
The union sought to challenge by judicial review the systems for charges for court fees for claims brought before the employment tribunals. Held: The challenge failed. On the evidence now available (and not available on the first challenge) the Order did not breach the principle in European law that citizens be given effective access to … Continue reading Unison (No 2), Regina (on The Application of) v The Lord Chancellor: Admn 17 Dec 2014
UTLC LANDLORD AND TENANT – APPOINTMENT OF MANAGER – enforcement of FTT’s order requiring provision of documents and computer records – whether order complied with – whether order should be set aside – jurisdiction of Upper Tribunal in relation to enforcement of final orders of FTT – s.24(4), Landlord and Tenant Act 1987 – s.25, … Continue reading Coates v Marathon Estates Ltd: UTLC 1 Feb 2018
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
UTLC LANDLORD AND TENANT – FTT procedure – appeal against award of costs for unreasonable conduct – s.29, Tribunals Courts and Enforcement Act 2007 – rule 13(1)(b), Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 – disregard of directions – personal attacks in correspondence – over lengthy and repetitive submissions – unrepresented party – appeal … Continue reading Matier v Christchurch Gardens (Epsom) Ltd: UTLC 15 Feb 2017
PROCEDURE – application for permission to appeal – decisions of first-tier tribunal in rent cases – appeal on point of law only – criteria to be applied – s. 11, Tribunals Courts and Enforcement Act 2007 – permission granted [2014] UKUT RAP-19-2013 (LC) Bailii England and Wales Housing Updated: 03 December 2021; Ref: scu.525945
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
