Barring Order in UK Law
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TC03768: BPP University College of Professional Studies
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[60]Here, in contrast, no sanction has as yet been applied to HMRC. HMRC is in breach of the January directions but it has not been barred or had any other sanction applied. HMRC are not applying for relief from sanction. On the contrary, it is the appellant's application that the Tribunal bar HMRC out for breach of a rule 8(3)(a) unless order. The question for me is whether I ought to apply the sanction of barring.
[65]I conclude that in considering whether to grant the appellant's application to bar HMRC from further participation in this appeal I must consider all relevant factors. I will include in my consideration factors (a) and (b) from CPR 3.9 and accord them significant weight as part of my consideration of the overriding objective to deal with cases fairly and justly.
[73]There is very clear prejudice to the appellant in not knowing HMRC's case. Litigation is not to be conducted by ambush. The appellant has the right to be put in the position so that it can properly prepare its case: it needs to know HMRC's case not only before it gets to the hearing but before it prepares its witness statements and really before it prepares its list of documents.
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Woodhouse v Consignia Plc; Steliou v Compton
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The rationale for the rule in Henderson v Henderson [1843] 3 Hare 100 that, in the absence of special circumstances, parties should bring their whole case before the court so that all aspects of it may be decided (subject to appeal) once and for all, is a rule of public policy based on the desirability, in the general interest as well as that of the parties themselves, that litigation should not drag on for ever, and that a defendant should not be oppressed by successive suits when one would do: see per Sir Thomas Bingham MR in Barrow v Bankside Ltd [1996] 1 WLR 257, 260A-D.
In those circumstances, the overriding objective of dealing with cases justly, having regard to the various factors mentioned in CPR 1.1(2), would surely demand that the second application should succeed, and that the proceedings be disposed of summarily. The judge would, of course be perfectly entitled to dismiss the second application without ceremony unless it could be speedily and categorically demonstrated that the new material was indeed conclusive of the case.
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Momson v Azeez
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Since Mr Azeez was out of time for complying with Judge Cowell's “unless” order, Judge Marshall treated his application as one for relief from the debarring sanction it imposed. Having heard his representations, Judge Marshall gave her reasons for refusing to grant any relief. To do so would involve adjourning the trial and there was no excuse for Mr Azeez's failure to comply with the consent and “unless” orders. The fact of his bankruptcy played no part in her reasoning.
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BPP Holdings Ltd v Revenue and Customs Commissioners
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It is not for this Court to interfere with the guidance given by the UT and the Court of Appeal as to the proper approach to be adopted by the Ft-T in relation to the lifting or imposing of sanctions for failure to comply with time limits (save in the very unlikely event of such guidance being wrong in law). In a nutshell, the cases on time-limits and sanctions in the CPR do not apply directly, but the Tribunals should generally follow a similar approach.
- The Disclosure and Barring Service (Core Functions) (Amendment) Order 2014
- The Disclosure and Barring Service (Core Functions) Order 2012
- The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012
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Protection of Freedoms Act 2012
... ... including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to ... of police may apply to a District Judge (Magistrates' Courts) for an order extending the retention period ... ...
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Referrals to the police of vulnerable adult abuse
Purpose: – The purpose of this paper is to examine the outcome of referrals made to one police force in England by three local authorities between March 2010 and April 2011, in order to identify an...... ... by three local authorities between March 2010 and April 2011, in order to identify andunderstand the barriers to prosecuting suspects of abuse or ... to the police and how police disclosures,on Disclosure and Barring Service checks, are being used as a means of providing employers of ... ...
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Institutional Racism in Bureaucratic Decision‐Making: A Case Study in the Administration of Homelessness Law
This article reports findings from an ethnographic research project which investigated the influence of judicial review experiences on the decision‐making processes of three heavily litigated local...... ... race which the homelessness applicant is required to negotiate in order to win the right to housing. 20 This remains a helpful metaphor for ... had recently drawn up papers for the customer to sign so that a barring order could be obtained against the husband. However, the customer did not ... ...
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Task-oriented work characteristics, self-efficacy, and service-oriented organizational citizenship behavior. A cross-level analysis of the moderating effect of social work characteristics and collective efficacy
Purpose: Border management, barring illegal foreign workers, and immigrant counseling are three major functions of the National Immigration Agency (NIA) of Taiwan. These functions are composed of t...... ... University, Kinmen, TaiwanAbstractPurpose –Border management, barring illegal foreign workers, and immigrant counseling are three majorfunctions ... this paper is to examine frontline immigration workers in Taiwan in order todetermine how the motivational (task-oriented) and social work ... ...
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Adult safeguarding in Wales: one step in the right direction
Purpose: The purpose of this paper is to consider the background to the recent changes to adult safeguarding in Wales as a result of the new measures introduced by the Social Services and Well-bein...... ... and what can be put in place to protect the adult at riskonce the order has been used.Social implications –For those who experience abuse or ... (Phillips, 2016).An APSO does not include powers of removal or barring. The deputy minister defended thisomission in evidence to the National ... ...
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UK Court of Appeal refuses to uphold a barring order against a former employee
This post was also written by Fiona McFarlane. In Caterpillar Logistics Services (UK) Ltd v Huesca de Crean, an employee who had no restrictive covenant in her contract of employment prohibiting he...
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EPA Consent Order for Multi-Walled Carbon Nanotubes
Last month we reported on a press release by Thomas Swan & Co. Ltd. of the United Kingdom indicating the company had recently entered into a PMN consent order with the EPA under the Toxic Substance...... ... Barring an unusual coincidence, it appears that EPA has recently published a redacted version of the Swan Consent order here. The order makes it clear that ... ...
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Nearest Relatives and Next of Kin
... ... This provides a strict order of precedence to decide which relative is to exercise the role of nearest ... In the event that the patient's RMO does make a barring order, as the nearest relative must be informed so he can consider ... ...
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Failure To Remove Claims - The Osman Test In The Context Of Domestic Violence
... ... the husband, who contested the allegations. A 'barring ... order' (a form of injunction under Austrian law) was obtained ... ...