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Buttercup Buildings Ltd v Avon Estates (London) Ltd and Others: UTLC 10 Dec 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

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

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

Thapa and Others (Costs: General Principles; S9 Review): UTIAC 16 Jan 2018

(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

Akter (Appellate Jurisdiction, E and R Challenges) Bangladesh: UTIAC 22 Oct 2021

(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

AZ (Error of Law: Jurisdiction; PTA Practice): UTIAC 5 Jul 2018

(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

MSM and Others (Wasted Costs, Effect of S29, ): UTIAC 15 Jan 2016

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

Lancaster (T/A Airport Cars) v Revenue and Customs: FTTTx 10 Nov 2010

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

Willow Court Management Company (1985) Ltd v Alexander: UTLC 21 Jun 2016

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

Eclipse Film Partners No 35 Llp v Revenue and Customs: SC 11 May 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

Clarise Properties Ltd v Rees and Another: CA 29 Jul 2015

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

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

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

Letts v Revenue and Customs: FTTTx 22 Jul 2014

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

Berrier v Revenue and Customs: FTTTx 13 May 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

Scriven and Others v Calthorpe Estates and Others: UTLC 25 Sep 2013

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

Sugar v The British Broadcasting Commission and Another (No 2): CA 23 Jun 2010

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

Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

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

Celador Radio Ltd v Rancho Steak House Ltd (Equitable Interpleader – Enforcement): QBD 16 Feb 2018

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

Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010

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

The Information Commissioner v The FSA and Edem: UTAA 11 Dec 2012

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

Sarfraz v Disclosure and Barring Service: CA 22 May 2015

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

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

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

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

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

LE: UTAA 24 Aug 2009

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 . .

AB (Preserved FTT Findings; Wisniewski Principles) Iraq: UTIAC 11 Aug 2020

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

T, Regina (on The Application of) v Secretary of State for The Home Department (Judicial Review: Damages Claims): UTIAC 30 Nov 2021

(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

ONM (Remittal To UKFTT With Directions): UTIAC 17 Aug 2015

(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

Cancino (Costs – First-Tier Tribunal – New Powers): UTIAC 28 Jan 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

AA (Upper Tribunal – Review Power) Uzbekistan: UTIAC 1 Jun 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

Termhouse (Clarendon Court) Management Ltd v Al-Balhaa: CA 10 Dec 2021

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

Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

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

Dickinson v Network Rail Infrastructure Ltd: UTLC 29 Aug 2014

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

Cart v The Upper Tribunal: SC 21 Jun 2011

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

SM (Withdrawal of Appealed Decision: Effect) (Pakistan): UTIAC 11 Feb 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

Coates v Marathon Estates Ltd: UTLC 1 Feb 2018

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

Ridge v Baldwin (No 1): HL 14 Mar 1963

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

Matier v Christchurch Gardens (Epsom) Ltd: UTLC 15 Feb 2017

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

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

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

NML Capital Ltd v Argentina: SC 6 Jul 2011

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