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England and Wales Case Law

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Pensions

Your Family Services v The Pensions Regulator

The Tribunal does not have jurisdiction because the statutory conditions for appeal under section 44 of the Pensions Act 2008 were not met; no review was conducted by the Regulator within the prescribed period, and presumptions of service apply to notices sent to the business address.

  • Fixed penalty notice
  • Escalating penalty notice
  • Tribunal jurisdiction
  • Review process
  • Appeal rights
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Immigration law

Neo Atlas Limited v The Immigration Services Commissioner

The appellant did not have 18 months valid leave to remain at the point of application and could not provide evidence as required by the Commissioner; therefore, there was no reasonable prospect of the appeal succeeding.

  • Registration requirements
  • Leave to remain
  • Right to work
  • Tribunal jurisdiction
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Administrative law

James Marr Goldie v Registrar of Approved Driving Instructors

The Respondent lawfully exercised discretion to remove the Appellant's name from the Register after four failed Standards Check tests, and the Tribunal lacks jurisdiction to review the conduct or outcome of the tests.

  • Removal from register
  • Standards check test
  • Driving instructor regulation
  • Tribunal jurisdiction
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Data protection

David King v The Information Commissioner

The Tribunal lacks jurisdiction to consider the substantive outcome or conduct of the Commissioner’s investigation under section 166 DPA 2018, as the Commissioner provided procedural outcomes within the statutory timeframe and the Applicant’s challenge concerns the merits and conduct, not procedural failings. There is no reasonable prospect of the appeal succeeding.

  • Section 166 data protection act 2018
  • Tribunal jurisdiction
  • Procedural rights
  • Information commissioner's powers
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Administrative law

Shukria Akbary v Registrar of Approved Driving Instructors

The appeal was struck out because the appellant's trainee licence was automatically revoked after failing the Part 3 test for the third time, leaving the Tribunal without jurisdiction and no reasonable prospect of the appeal succeeding.

  • Driving instructor licensing
  • Tribunal jurisdiction
  • Appeal strike out
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Tax law

Join Her Ltd v The Commissioners for HMRC

The Tribunal refused reinstatement after HMRC withdrew the VAT decision under appeal, holding that no appealable decision remained and jurisdiction had ceased.

  • Value added tax
  • Tribunal jurisdiction
  • Strike-out applications
  • Input tax credit
  • Procedural rules
  • Vat
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Administrative law

Sara Veasey v Rugby Borough Council

There was no appealable decision as no renewal application was made and the licence expired by effluxion of time; therefore, the Tribunal lacked jurisdiction and the appeal had no reasonable prospect of success.

  • Licensing of dog breeding establishments
  • Tribunal jurisdiction
  • Appealable decisions
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Tax law

Stuart Moore v The Commissioners for HMRC

The Tribunal lacks jurisdiction to consider complaints about HMRC’s internal processes and officer behaviour. The appellant accepted the factual basis for VAT registration. No appeal against the assessment is possible as no VAT return was submitted. The appeal has no reasonable prospect of success and must be struck out.

  • Vat registration
  • Vat assessment
  • Tribunal jurisdiction
  • Strike out application
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Data protection

Daniel Morris v Information Commissioner

The application is struck out because the Respondent has already provided an outcome, rendering any order for a response futile and leaving no reasonable prospects of success under section 166 DPA2018.

  • Procedural rights under dpa2018
  • Complaints to information commissioner
  • Tribunal jurisdiction
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.