I am a lawyer for [insert organisation name]. I represent only [insert organisation name], and I do not represent you personally. I am conducting this interview to gather facts in order to provide legal advice to [insert organisation name]. This interview is part of an investigation to determine the

HM Courts and Tribunals Service (HMCTS) has issued a release note for the family public law portal regarding uploading a confidential Form C2 (Application: For permission to start proceedings; For an order or directions in existing proceedings; To be joined as, or cease to be, a party in existing family proceedings under the Children Act 1989), supplements and/or draft orders. Where notice is not to be given to any other parties, that should be confirmed when the Form C2 is uploaded. Confidential draft orders will only be viewable by judges, the Courts and Tribunals Service Centre and the party who uploaded the application, all other users will see a message stating that ‘This is a confidential draft order and restricted viewing applies’. Once approved, the order will appear in a confidential folder on case file view, which will not be visible to other parties. This functionality will be released from 15 May 2024.

HM Courts and Tribunals Service (HMCTS) has issued a release note in relation to an additional urgent flag in the HMCTS Family Public Law portal, as currently judges are not aware that certain orders requiring approval via the portal need to be prioritised over other orders. The release is effective from 9 July 2024 and aims to ensure that the highest priority orders will have a distinct email notification flagging the urgency by adding a new checkbox for users in the upload draft orders event. There will be an additional question as to the urgency of an order which must only be selected if there is an order that requires urgent approval. If the order is not urgent, or it doesn’t meet the required criteria, the box must be left unticked.

A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of Protection. A deputy will often be appointed in circumstances whereby a person loses capacity but there is no Lasting Power of Attorney (LPA) or such a power has not been registered. The Court of Protection (the Court) will determine the suitability of the applicant to be the deputy, and will ordinarily circumscribe their powers. The Court can also supervise the deputyship if appropriate. A deputyship terminates upon the death of the protected person, meaning that the erstwhile deputy is not in a position automatically to administer their estate. If the protected person had a valid Will, this power

The Upper Tribunal (Immigration and Asylum Chamber) has issued a new Judicial Review decision in: R (on the application of VLT (Vietnam)) v Secretary of State for the Home Department (Trafficking, DL policy, transitional provisions, deportation) [2024] UKUT 00067 (IAC).

The Upper Tribunal (Immigration and Asylum Chamber) has published new determinations: MD and Others (‘joining’ – Appendix EU Family Permit) Ghana, Azizi (Succinct credibility findings; lies), Abdullah & Ors (EEA; deportation appeals; procedure) and Hani (EUSS durable partners: para. (aaa)).

The Upper Tribunal (Immigration and Asylum Chamber) has published new determinations in: Begum (employment income, Rules/Article 8) [2021] UKUT 115, Osefiso and another (PTA decision: effect, ‘Cart’ JR) [2021] UKUT 116 and EH (PTA: limited grounds, Cart JR), [2021] UKUT 117.

The Upper Tribunal (Immigration and Asylum Chamber) has issued a new Judicial Review decision in R (on the application of Ashrafuzzaman) v Entry Clearance Officer (precedent fact, general grounds refusal) [2022] UKUT 00133 (IAC).

The Property Litigation Association has announced that, from 27 February 2023, a new video hearing platform will begin to operate in the Upper Tribunal (Lands Chamber), with the VH service due to replace CVP. Remote hearings will continue to primarily operate for case management hearings only, unless there is a particular reason why another type of hearing should be conducted remotely.

The Chamber President, The Honourable Mr Justice Edwin Johnson, of the Upper Tribunal Lands Chamber has issued new practice directions outlining the customary procedures for managing various types of disputes within the Tribunals. Applicable to all parties, including self-represented individuals, the practice directions provide guidance on the Tribunal’s approach to dispute resolution, addressing matters such as case management, disclosure of documents, appeals, stays of proceedings, tribunal fees and costs. The practice directions were made with the approval of the Senior President of Tribunals and the Lord Chancellor given under s 23(5) of the Tribunals, Courts and Enforcement Act 2007.

Tax analysis: In Innovative Bites Ltd, the Upper Tribunal (UT) upheld the First-tier Tax Tribunal (FTT) decision that Mega Marshmallows can be zero-rated for VAT purposes because they do not fall within Excepted Item 2 of Group 1 in Schedule 8 to the Value Added Tax Act 1994 (VATA 1994).

The Financial Conduct Authority (FCA) has issued a statement noting that the Upper Tribunal has agreed not to suspend restrictions the regulator placed on e-money firm Nvayo Limited. The restrictions are set out in the FCA register and include restrictions on the business the firm can do. The FCA says it has ‘serious concerns about the firm and its compliance with anti-money laundering rules’.