Duncan Lewis successfully challenged Upper Tribunal Rules (5 July 2017)

James Packer and Kate Newman have been featured by Free Movement following their successful challenge to the Upper Tribunal. Until now litigants have had their cases struck out for minor technical breaches of the Tribunal Rules without the Tribunal having any regard to the strength of the litigants’ claims; this has often placed litigants at risk of removal. Duncan Lewis has challenged this and the Tribunal has amended its practice.

Kate Newman wrote: “Astute practitioners may have noticed that recently the wording on both the letter provided when issuing a claim and form T485 has altered. The requirement to provide the UT with an effective T485 remains in place…but the consequence of automatic strike out is no longer stated.” Read more…