Ministry of Justice Judicial Salaries from 1 April 2020 Salary Salaries with Effect from Group 01/04/2020
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Guide for Unrepresented Claimants in Upper Tribunal Immigration And
THE HON MRJUSTICE BLAKE PRESIDENT OF THE UPPER TRIBUNAL, IMMIGRATION AND ASYLUM CHAMBER Presidential Guidance Note 2013 No 3: GUIDE FOR UNREPRESENTED CLAIMANTS IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER SEPTEMBER 2013 1 Contents Foreword p.3 1. Introduction: key points to bear in mind p.4-5 2. Applying to the First-tier Tribunal for Permission to Appeal to the p.6-7 Upper Tribunal 3. Re-applying to the Upper Tribunal for Permission to Appeal p.8-9 4. What happens after permission to appeal has been granted p.10-12 5. The appeal hearing p.13-16 6. Sponsor as Representative p.17 7. “McKenzie friend” p.18 8. Application to the Court of Appeal for Permission to Appeal p.19-21 Words and Phrases used in the Upper Tribunal p.22-24 Appendix One- Form IA FT4 p.25-28 Appendix Two- Form IAUT-1 p.29-35 Appendix Three-Form N161 & Form 40.2 p.36-46 Appendix Four-Practical Guidance “McKenzie Friends” p.47-53 Appendix Five-Practice Statements Immigration and Asylum Chambers of p.54-64 the First-tier Tribunal and the Upper Tribunal Appendix Six- Sample Directions p.65-69 2 Foreword All courts and tribunals throughout the country recognise the rights of the parties to represent themselves in a case that involves them. We are aware that a person may be unfamiliar with the procedures and this Guide is designed to help them. The Guide1 deals solely with the procedures of the Immigration and Asylum Chamber of the Upper Tribunal for appeals from the First-tier Tribunal. -
Ministry of Justice Letterhead
The Right Honourable Robert Buckland QC MP Lord Chancellor & Secretary of State for Justice Sir Bob Neill MP Chair of the Justice Committee House of Commons MoJ Ref: 86346 SW1A 0AA 17 March 2021 Dear Bob, INDEPENDENT REVIEW OF ADMINISTRATIVE LAW I am writing to let you and your Committee know that the Independent Review of Administrative Law has now concluded its work and the Panel’s report has been submitted to Ministers. Despite the circumstances under which the Panel worked, with the majority of their discussions having to take place virtually, they have produced an excellent, comprehensive report. I believe it goes much further than previous reviews in the use of empirical evidence and in consideration of some of the wider issues of Judicial Review, such as the evolving approach to justiciability and the arguments for and against codification. The Panel set out a number of recommendations for reform which the Government has considered carefully. I agree with the Panel’s analysis and am minded to take their recommendations forward. However, I feel that the analysis in the report supports consideration of additional policy options to more fully address the issues they identified. Therefore, I will very shortly be launching a consultation on a range of options which I want to explore before any final policy decisions are made. The IRAL call for evidence elicited many helpful submissions on Judicial Review and we are not seeking to repeat that exercise. Rather, we want consultees to focus on the measures in the consultation document. They set out our full range of thinking, which is still at an early stage, and respondents’ contributions to the consultation will help us decide which of the options to take forward. -
The Bar Association Act, 5721-1961 Full Updated Version
The Bar Association Act, 5721-1961 Full updated version The Bar Association Act, 5721-1961 Private Law & Economics – Regulation of Occupation – Lawyers Authorities & Administrative Law – Regulation of Occupation – Lawyers Table of Contents Clause 1 Establishing the Bar Clause 2 Functions of the Bar Clause 3 Activities of the Bar Clause 4 The Bar – a corporation Clause 4a Place of domicile of the Bar Clause 5 The Bar – an audited entity First Chapter: The Bar's Institutions Clause 6 The Bar's Institutions Clause 6a Restriction on term Clause 8 Head of the Bar Clause 8a Deputy Head of the Bar Clause 8b Election of Head of the Bar by the Council Clause 8c Removing the Head of the Bar from office Clause 9 The National Council Clause 9a Filling a vacant place on the National Council Clause 9b Ending of term of office due to absence from Council meetings Clause 10 Term of office Clause 11 The central committee Clause 11a A Central Committee member whose place becomes vacant Clause 11b Managing Central Committee meetings and determining the agenda Clause 12 Districts of the Bar Association Second Chapter: The Bar Institutions Clause 12a Registration of Bar members in the Districts Clause 13 Composition of the District Committee Clause 14 National Disciplinary Court Clause 15 District disciplinary courts Clause 16 Fitness to serve as a member of a disciplinary court Clause 17 Termination of office of members of disciplinary courts Clause 17a Expiry of Disciplinary Court member's term Clause 17a1 Suspension of member of a disciplinary court Clause -
Bill Written Submission from Douglas J May QC And
T1 Justice Committee Tribunals (Scotland) Bill Written submission from Douglas J May QC and Allan J Gamble 1. We are salaried judges of the Upper Tribunal, Administrative Appeals Chamber, sitting in Scotland. Our Chamber is presided over by Mr Justice Charles. There are salaried judges in England and Wales and Northern Ireland as well as ourselves. We hold permanent Crown appointments. In both Scotland and England and Wales there are a number of fee paid judges who hold tenure on five year appointments. The Chamber hears appeals from the following First-tier Chambers namely Social Entitlement, Health Education and Social Care, General Regulatory, Armed Forces Pensions and also from the Pensions Appeal Tribunal in Scotland, which is devolved, but appeals are heard by our Chamber of the Upper Tribunal. In addition we hear appeals from the Traffic Commissioners. We have accepted the invitation for one of us to present oral evidence to the Committee. However, we are presenting this written evidence setting out the principal issues we would wish to bring to the attention of the Committee. 2. We consider that the proposed new system for devolved tribunals in Scotland to be an improvement on the existing arrangements. We are fortified in that view by our own experience of the implementation of the Tribunals, Courts and Enforcement Act 2007 which has brought consistency and coherence to administrative justice on both reserved jurisdictions and those relating exclusively to England and Wales such as the Health Education and Social Care jurisdictions. We do however note that the scope and extent of the devolved jurisdictions to be transferred in is more restrictive than originally contemplated. -
Supreme Judicial Court Rule 3:12: Code of Professional Responsibility for Clerks of the Courts CANON 1
Supreme Judicial Court Rule 3:12: Code of Professional Responsibility for Clerks of the Courts CANON 1. Purpose and Applicability. This Code shall be known as the "Code of Professional Responsibility for Clerks of the Courts of the Commonwealth of Massachusetts." Its purpose is to define norms of conduct and practice appropriate to persons serving in the positions covered by the Code and thereby to contribute to the preservation of public confidence in the integrity, impartiality, and independence of the courts. The word "Clerk Magistrate" in this Code, unless otherwise expressly provided, shall mean anyone serving in the position of Clerk Magistrate, Clerk, Register, Recorder, Assistant Clerk Magistrate, Assistant Clerk, Assistant Register, or Deputy Recorder, Judicial Case Manager or Assistant Judicial Case Manager, in the Supreme Judicial Court, the Appeals Court, or a Department of the Trial Court of the Commonwealth, whether elected or appointed, and whether serving in a permanent or temporary capacity. The words "elected Clerk Magistrate" shall also include a person who is appointed to complete the term of an elected Clerk Magistrate. The word "court" in this Code shall mean the Supreme Judicial Court, the Appeals Court, a particular division of a Department of the Trial Court, or a particular Department of the Trial Court if the Department does not have divisions. CANON 2. Compliance with Statutes and Rules of Court. A Clerk Magistrate shall comply with the laws of the Commonwealth, rules of court, and lawful directives of the several judicial authorities of the Commonwealth. The words "judicial authorities" in this Code, unless otherwise expressly provided, shall mean the Justices of the Supreme Judicial Court and Appeals Court, the Chief Administrative Justice of the Trial Court, the Administrative Justices of the several Departments of the Trial Court, or Associate Justices of the Trial Court, as is appropriate under the circumstances. -
Bar Council News Update ‒ Monday 23 October 2017
BAR COUNCIL NEWS UPDATE – MONDAY 23 OCTOBER 2017 Online justice Buzzfeed – Emily Dugan writes on Transform Justice’s report on the use of virtual technology in court, published today: [R]esearch by the charity Transform Justice, based on interviews and a survey of people across the legal world, has suggested the use of video seriously impacts on the chance of a fair hearing. The situation is particularly difficult for the rising number of defendants who cannot afford a lawyer to be in the courtroom for them. Chair of the Bar, Andrew Langdon QC, said: “Government plans to invest in virtual technology for court hearings hold the promise of savings and greater efficiency but we must recognise that they also pose a real threat to the quality of justice. “Barristers who appear regularly in courts or tribunals will tell you that many strictly procedural hearings could take place via conference calls or video link without any detriment to the quality of justice. But they will also tell you that the quality of justice can suffer and that outcomes can be different when we lose face-to-face contact between judges, witnesses, victims, clients and their lawyers. This is especially so when dealing with people who have mental health problems, intellectual disabilities or who are otherwise vulnerable.” Legal Aid New Law Journal – Sir Geoffrey Bindman QC writes on the Bach Commission report, ‘The Right to Justice’. He writes: The final report of the Bach Commission is an admirable blueprint for the restoration of our justice system. Lord Bach has stressed that the commission was made up of people selected for their expertise rather than any affiliation with the Labour Party . -
Municipal Court Recorder July 2003 from the GENERAL COUNSEL W
Volume 12 JULY 2003 No. 5 ©2003 Texas Municipal Courts Education Center, Austin. Funded by a grant from the Court of Criminal Appeals. Magistrate’s Order After the MOEP: What for Emergency Happens Next? Protection By Robert J. Gradel, Municipal Judge, Lampasas By Kimberly A.F. Piechowiak, Assistant City Attorney II You head down to the jail on Sunday morning about 8:00 Family Violence Prosecutor, San Antonio a.m. Eleven people have been arrested overnight, and your Sunday School class begins at 9:00 a.m., so you have no In cases of domestic violence, victim safety should be a time to waste. Waiting for you is a woman (and her primary concern. State law has been crafted to emphasize mother) who wants an emergency protective order. She this priority, not only for law enforcement personnel and tells you that her husband has an alcohol abuse problem. prosecutors, but also for judicial officers. Article 5.01(b) of Last night, he clenched his fists like he was going to hit her, the Texas Code of Criminal Procedure states: called her bad names, threatened her, pushed her, and In any law enforcement, prosecutorial, or judicial threw the remote at her, all in front of the children. She response to allegations of family violence, the has no visible red marks, bruises, or abrasions. He has responding law enforcement or judicial officers shall done this before, but she never called the police. They have protect the victim, without regard to the relationship been married 10 years and have three children. The police between the alleged offender and victim. -
Forms of Dress and Address in the Higher Courts and Some Practical Tips
Forms of dress and address in the Higher Courts and some practical tips Court dress Court dress in the criminal courts is easily identifiable as there is specific guidance from the Lord Chief Justice in the form of the Criminal Procedure Directions General Application A: COURT DRESS. However that guidance is limited, to appearing without robes or wigs in the magistrates, and in the crown court wearing gowns and wigs. Wigs are wigs, and for junior advocates only come in one type, no matter which side of the advocate divide you fall on. The gown is always a Solicitors' gown. These basics should also be accompanied by a collar and bands (or collarette for female advocates) which are the same for both sexes and both professions. In the civil courts, there is even less guidance, the last formal guidance having been withdrawn. Discussions abound and as always guidance is said to be due to be released shortly. What dress is expected often varies dependent upon the judge, and you will learn from experience and advice from court clerks. In the Senior Courts (Higher Courts), the dress for civil cases is normally robed, however, there are many variations to this. For instance, urgent Queen's Bench Division (QBD) cases are normally argued un-robed, unless they are committal cases in which instance they are often robed. Many of the specialist courts also see advocates normally appearing unrobed. Unisex dress advice Suits must be black, navy blue or dark charcoal grey and same for shoes. Bands and collarettes should be starched. Hair should not poke out below the sides of your wig. -
Recorder Competition – 2015 Selection Exercise
RECORDER COMPETITION – 2015 SELECTION EXERCISE THE OUTCOME: THE PROFESSIONAL BACKGROUND OF THOSE WHO WERE APPOINTED ______________________ This information supplements the information already provided to the Judicial Appointments Commission in the ChBA’s “Feedback Report” dated 25 September 2015 in relation to the qualifying test which took place on 7 May 2015 and the ChBA’s “Supplementary Feedback Report” dated 25 November 2015 in relation to the second stage of shortlisting. The outcome of the 2015 Recorder selection exercise was that: 1. Only 11 (17%) of the 64 recorders appointed to sit in crime have non-criminal practices, whereas 53 (83%) have criminal practices. However, of those 11 who now have non-criminal practices, 3 have had significant criminal practices in the past, and a further three have had some experience of criminal practice. It appears that only 5 (8%) of the 64 recorders appointed to sit in crime do not have any experience of criminal practice. 2. Only 2 (5%) of the 35 recorders appointed to sit in family have non-family practices, whereas 33 have practices in family law. This information is derived from the published list of recorders at https://www.judiciary.gov.uk/announcements/recorder-appointments/. The analysis, which is appendixed hereto, was carried out by one of the officers of the ChBA by reference to individual profiles available on a chambers or firm website and the Bar Directory (2015). The outcome of the 2015 Recorder Competition for civil practitioners wishing to sit in crime or family is therefore broadly similar to the 2011 Recorder Competition (when the qualifying test was based on the actual jurisdiction of criminal or family law). -
IN the UPPER TRIBUNAL Case No
R.(Criminal Injuries Compensation Authority) v First-tier Tribunal (CIC) [2018] UKUT 439 (AAC) IN THE UPPER TRIBUNAL Case No. JR/906/2017 ADMINISTRATIVE APPEALS CHAMBER Before: Lady Carmichael Upper Tribunal Judge Rowland Upper Tribunal Judge Markus QC Mr Chris Pirie (of the Scots Bar), instructed by Ms Eileen Grant of the Authority’s Legal and Policy Team, appeared for the Criminal Injuries Compensation Authority. The First-tier Tribunal did not appear and was not represented. Ms Clare Connolly (of the Scots Bar), instructed by Ms Dominika Schmidtova of Thompsons solicitors, appeared for the injured person. Decision: This application for judicial review is struck out on the ground that the Upper Tribunal does not have jurisdiction because, even if the Upper Tribunal has jurisdiction in the strict sense, it declines to exercise it. REASONS FOR DECISION 1. This is an application, made by the Criminal Injuries Compensation Authority (“the Authority”) with permission granted by Upper Tribunal Judge Markus QC, for judicial review of a decision of the First-tier Tribunal dated 15 December 2016, whereby it allowed an appeal brought by the Interested Party (the “injured person”) against a review decision of the Authority dated 23 February 2016. 2. The Authority had decided that the injured person was not entitled to compensation under the Criminal Injuries Compensation Scheme 2012 (“the 2012 Scheme”) because he had not suffered an injury described in the tariff at Annex E to the Scheme. The First-tier Tribunal decided that he had suffered such an injury. The Authority considers that that decision was made in error of law. -
IN the HIGH COURT of JUSTICE Claim No. CO/2368/2016 QUEEN's BENCH DIVISION DIVISIONAL COURT BETWEEN
IN THE HIGH COURT OF JUSTICE Claim No. CO/2368/2016 QUEEN’S BENCH DIVISION DIVISIONAL COURT B E T W E E N: THE QUEEN on the application of PRIVACY INTERNATIONAL Claimant -and- INVESTIGATORY POWERS TRIBUNAL Defendant -and- (1) SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS (2) GOVERNMENT COMMUNICATIONS HEADQUARTERS Interested Parties —————————————————————————————————— CLAIMANT’S SKELETON ARGUMENT ON PRELIMINARY ISSUE For hearing: 2 November 2016, 1 day —————————————————————————————————— A. Introduction 1. The preliminary issue raises an important question of law: is a decision of the Investigatory Powers Tribunal amenable to judicial review? Does the ‘ouster clause’ in section 67(8) of the Regulation of Investigatory Powers Act 2000 (“RIPA”) prevent the High Court from correcting an error of law made by the IPT? 2. A decision of the IPT is amenable to judicial review. Applying the principles in Anisminic v Foreign Compensation Commission [1969] 2 AC 147, the ouster clause does not prevent judicial review of a decision of the Tribunal where it errs in law. 3. Lang J concluded that the Claimant had (a) an arguable case that the IPT had got the law wrong; and (b) granted a Protective Costs Order. If the Court has no jurisdiction to hear this claim, a significant error of law may go uncorrected. 1 B. The IPT proceedings and the substantive claim for judicial review 4. The claim before the IPT was about the hacking of computers, including mobile devices and network infrastructure (known within the security and intelligence services as ‘CNE’ - computer and network exploitation). 5. The potential intrusiveness of CNE, as illustrated by what could be accessed by hacking a mobile phone, was summarised by Chief Justice Roberts in Riley v California in the Supreme Court of the United States: “A cell phone search would typically expose to the government far more than the most exhaustive search of a house…” As Roberts CJ explained: “Cell phones differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee’s person. -
Recorder Vol. 20 No. 5.Indd
Volume 20 August 2011 No. 5 © 2011 Texas Municipal Courts Education Center. Funded by a grant from the Texas Court of Criminal Appeals. INSIDE THIS ISSUE LLegislativeegislative Features Court Costs and Administrative UUpdatepdate Issues ................................................ 19 Juvenile Justice and Issues Relating to Children ....................................... 45 Magistrates Issues and Domestic Violence ........................................... 13 Ordinance and Local Government Issues ................................................ 42 Procedural Law ................................ 1 Substantive Criminal Law ................ 28 Traffi c Safety and Transportation Code Amendments ........................... 64 PROCEDURAL LAW Charts The Big Three................................... 81 Registration-Inspection-Financial — High Priority — Responsibility Requirements H.B. 27 will increase the likelihood Comparisons of Deferred Options ... 11 Subject: Compulsory Installment of defendants paying off the full Court Costs ...................................... 26 Payments of Fines and Costs by amount of the fi ne in a more effi cient Defenses to Prosecution ................... 80 Defendants Who Are Unable to Pay and timely manner. the Fines and Costs Municipal Juvenile/Minor ................ 55 New Class A and B Misdemeanors .. 41 H.B. 27 Commentary: Without the aid Effective: September 1, 2011 of the Code Construction Act New Class C/Fine-Only Offenses .... 40 (particularly, Section 311.023 of the New Punishments for Old Crimes ..