Quick post to flag up a piece over on the HJT Training blog which may be of interest to Free Movement readers. It concerns a case where the High Court deals with the effect of a tribunal determination on those who were not parties to the case. In short, the effect is: non-existent. A finding on the age of an appellant in a tribunal determination cannot bind other parties, such as social services departments. Country Guideline cases have effectively been granted a special exemption by the Court of Appeal from this general rule, but other cases where the tribunal attempts to reach a universally binding determination, such as the Cambridge College of Learning test case, have not received any such approval.
21st December 2010 By Free Movement