Land registration law up for review – Law Society’s Gazette

Posted March 31st, 2016 in consultations, conveyancing, fraud, land registration, Law Commission, news by sally

‘A new formula for determining which of two innocent parties of a land fraud should keep the property in question is among proposals for reform of the legal framework governing land registration in England and Wales to be published today.’

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Law Society’s Gazette, 31st March 2016

Source: www.lawgazette.co.uk

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Court of Protection plans to shift more costs onto deputies – Law Society’s Gazette

Posted March 30th, 2016 in consultations, costs, Court of Protection, families, news by sally

‘The Court of Protection is considering giving judges more power to make family members cover the legal costs in disputes over an incapacitated person’s property, affairs or care.’

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Law Society’s Gazette, 30th March 2016

Source: www.lawgazette.co.uk

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Ofcom to hold back ‘adequate spectrum’ for use by connected devices – OUT-LAW.com

Posted March 29th, 2016 in consultations, internet, licensing, news, telecommunications by sally

‘A proportion of very high frequency (VHF) wireless spectrum will be reserved for future use by Internet of Things (IoT) connected devices, the UK telecoms regulator has announced.’

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OUT-LAW.com, 29th March 2016

Source: www.out-law.com

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Educational Excellence Everywhere? – Education Law Blog

‘The dust has started to settle on the Government’s education white paper: educational excellence everywhere. After a relatively slow start, the number of newspaper articles and interest on social media has picked up.’

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Education Law Blog, 26th March 2016

Source: www.education11kbw.com

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Barristers oppose plans for more flexible CPD regime – Legal Futures

‘Plans by the Bar Standards Board (BSB) to introduce a more flexible, outcomes-focused CPD scheme have met with widespread opposition from barristers.’

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Legal Futures, 21st March 2016

Source: www.legalfutures.co.uk

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NHS blood contamination victims hit out at ‘reforms’ which cost them up to £7,000 a year – The Independent

Posted March 21st, 2016 in blood products, compensation, consultations, health, HIV, medical treatment, news, victims by tracey

‘Victims of the worst contaminated blood scandal in the NHS’s history say they have been betrayed by the Government after plans were revealed to reduce their annual payouts. About 5,000 people – many of them haemophiliacs – who were infected with HIV, hepatitis C or both after receiving infected blood in the 1970s and 1980s, have been sent letters from the Department of Health asking for their views on “reforms” that will leave them up to £7,000 a year worse off.’

Full story

The Independent, 21st March 2016

Source: www.independent.co.uk

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Bar regulator launches consultation on the Professional Statement threshold standard and competences, seeks input from all – Bar Standards Board

Posted March 17th, 2016 in barristers, consultations, professional conduct by tracey

‘The Bar Standards Board (BSB) has today launched its consultation on the Professional Statement threshold standard and competences.’

Full consultation

Bar Standards Board, 14th March 2016

Source: www.barstandardsboard.org.uk

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Advertising Standards Authority moves to ban junk food adverts from online children’s programmes – The Independent

‘Advertisements for junk food on online children’s programmes are set to be banned under new guidelines, it has been reported.’

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The Independent, 13th March 2016

Source: www.independent.co.uk

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School closure consultation – Education Law Blog

Posted March 8th, 2016 in consultations, education, news, Wales by sally

‘The School Standards and Organisation (Wales) Act 2013 sets out the process for establishing, altering and discontinuing schools in Wales. R (Edwards) v Flintshire County Council [2016] EWHC 459 (Admin) was an unsuccessful judicial review challenge of a decision by the Defendant LEA to issue statutory notices under Section 48 of that Act to close a High School. The ground of challenge was that the Council failed, in its consultation process, to comply with its obligation under Section 38(4) of the Act to act in accordance with the Welsh Ministers’ Code of School Organisation. The Act requires the Welsh Ministers to issue a code on school organisation. It may contain requirements and/or guidelines. By Section 38(4), those who exercise functions in relation to school organisation in Wales, including local education authorities, must, when exercising those functions, act in accordance with any relevant requirements contained in the Code, and have regard to any relevant guidelines contained in it. Section 48 requires a proposer for change to publish the proposals, consult and publish a report on the consultation, all in accordance with the published code. In April 2013, the Welsh Ministers published a Code on School Organisation. It came into force on 1 October 2013.’

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Education Law Blog, 8th March 2016

Source: www.education11kbw.com

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LSB: Regulators need to get tough with lawyers over poor complaints handling – Legal Futures

Posted March 3rd, 2016 in complaints, consultations, law firms, Legal Services Board, news, solicitors by sally

‘The Legal Services Board (LSB) is set to instruct the frontline regulators like the Solicitors Regulation Authority and Bar Standards Board to get tough with lawyers who do not handle client complaints properly.’

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Legal Futures, 3rd March 2016

Source: www.legalfutures.co.uk

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Twitter to train prosecutors in fight against online abuse – The Guardian

‘Twitter is to train prosecutors in England and Wales to better fight online abuse, as the internet is increasingly used as a weapon by perpetrators of domestic abuse, rape and sexual violence against women.’

Full story

The Guardian, 3rd March 2016

Source: www.guardian.co.uk

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Robert Thomas: Local Government Devolution in England – UK Constitutional Law Association

‘At last, devolution is happening in England, but there are some areas of concern especially as regards the lack of public engagement and the legal framework.’

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UK Constitutional Law Association, 2nd March 2016

Source: www.ukconstitutionallaw.org

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Court of Appeal throws out solar farm challenge brought 14 months after planning permission was granted – OUT-LAW.com

‘A High Court judge should not have overturned planning permission granted to a solar farm in Wiltshire in response to a legal challenge brought 11 months after the three-month limitation period then in force had expired, the Court of Appeal has ruled.’

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OUT-LAW.com, 1st March 2016

Source: www.out-law.com

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Judiciary proposes fee ban and new name for McKenzie Friends – Legal Futures

‘England and Wales should follow the example of Scotland in banning McKenzie Friends from charging fees, the Judicial Executive Board (JEB) has proposed.’

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Legal Futures, 25th February 2016

Source: www.legalfutures.co.uk

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Judiciary consults on the approach courts should take to McKenzie Friends – Court & Tribunals Judiciary

Posted February 26th, 2016 in consultations, litigants in person, McKenzie friends by tracey

‘The Judicial Executive Board (JEB) has issued a consultation paper proposing reforms to the existing guidance for “McKenzie Friends”, non-lawyers who offer assistance and in some cases seek to appear as advocates on behalf of litigants-in-person (LiPs).’

Full consultation

Court & Tribunals Judiciary, 25th February 2016

Source: www.judiciary.gov.uk

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Challenging Government Decisions a Pain in the Neck – Henderson Chambers

‘On 11 December 2015, Cranston J gave Judgment in Speed Medical Examination Services Limited v Secretary of State for Justice [2015] EWHC 3585 (Admin). Cranston J held that the Defendant’s reforms in respect of the system for obtaining medical reports in whiplash cases was not open to challenge on grounds of irrationality or its purported anticompetitive effects.’

Full story

Henderson Chambers, 3rd February 2016

Source: www.hendersonchambers.co.uk

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Henia v Beck: Time for a Rethink? – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, consultations, news, notification, remuneration by sally

‘Google the decision in Henia Investments Inc v Beck Interiors Ltd and you will find a raft of articles championing the decision as adding yet further weight to the argument that payment applications submitted by the “payee” must be clear and unambiguous.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

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Implementing the Unitary Patent in the UK – NIPC Law

Posted February 22nd, 2016 in consultations, EC law, intellectual property, news, patents by sally

‘Whatever happens on 23 June 2016 HMG will have to make rules to implement the Agreement on a Unified Patent Court in the United Kingdom. The reason I say that is that the Agreement comes into force after 13 countries, including France, Germany and the UK, ratify the Agreement. Nine countries including France have already done so (see the European Council’s website). Parliament has enacted primary legislation to enable the Secretary of State to give effect to the Agreement in the UK by order in council (see S,17 of the Intellectual Property Act 2014 inserting a new s.88A and s.88B into the Patents Act 1977). As it would take time to negotiate an exit agreement under art 50 (2) of the Treaty on European Union the Agreement will almost certainly come into force while the UK is still an EU member. There would have to be some sort of secondary legislation at least for the time in which the UK remains a party to the UPC Agreement.’

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NIPC Law, 22nd February 2016

Source: www.nipclaw.blogspot.co.uk

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Savers pay hundreds for bank account mis-selling claims rejected by ombudsman – Daily Telegraph

‘Financial Ombudsman Service says claims made through third-party companies much less likely to be upheld.’

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Daily Telegraph, 20th February 2016

Source: www.telegraph.co.uk

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Fee proposals for grants of probate – Ministry of Justice

Posted February 19th, 2016 in consultations, fees, news, probate by sally

‘This consultation sets out the government’s proposals for reforming the fee payable for an application for a grant of probate. The proposed fee regime will move from a flat to a banded fee approach, proportionate to, and rising with, the value of the estate, and at the same time will increase the value of the estate below which no fee is payable from £5,000 to £50,000, lifting some 30,000 estates out of paying any fee. The proposals are intended to be fair and progressive. The Government is also considering whether grant of probate applications should be excluded from the fee remissions scheme and are seeking views on this issue.’

Full story

Ministry of Justice, 18th February 2016

Source: www.consult.justice.gov.uk

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