Sex ban man John O’Neill loses appeal against order – BBC News

Posted August 22nd, 2016 in appeals, news, notification, police, proportionality, sexual offences by sally

‘A man who must notify police 24 hours before he has sex has lost his legal battle to have the restriction lifted.’

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BBC News, 19th August 2016

Source: www.bbc.co.uk

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Sexual Risk Orders – BBC Law in Action

Posted July 29th, 2016 in news, notification, sexual offences by sally

‘A man living in Yorkshire has been told he must give the police 24 hours before he plans to have sex – despite having no conviction, after being cleared during a rape trial last year.’

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BBC Law in Action, 23rd July 2016

Source: www.bbc.co.uk

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Brexit: A new relationship – Counsel

Posted July 27th, 2016 in EC law, international law, news, notification, referendums, time limits by sally

‘Evanna Fruithof, Alexandria Carr and Gordon Nardell QC set out possible models for the UK’s relationship with the EU post-Brexit.’

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Counsel, August 2016

Source: www.counselmagazine.co.uk

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Jake Rylatt: The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke – UK Constitutional Law Association

‘With the constitution of a new UK Government formed around a policy of ‘Brexit’, and the creation of the new ministerial position of ‘Secretary of State for Exiting the European Union’, the likelihood that Article 50 will actually be triggered has increased significantly. In addition to the cavalcade of recent posts addressing who is constitutionally empowered to make the Article 50 notification, attention has also been given to the question of whether an Article 50 notification made in conformity with the constitutional requirements of the UK could be subsequently revoked. An interesting argument raised by Charles Streeten is that ‘an Article 50 notification can be withdrawn unilaterally at any point prior to the expiry of the two year guillotine imposed by Article 50’. This post responds by challenging this argument on two grounds, arguing that ultimately a Member State cannot unilaterally revoke an Article 50 notification once it is made. It will do so by firstly outlining the argument made by Streeten, before explaining its difficulties and attempting to clarify the legal position. In concluding, it will be argued that the decision to trigger Article 50 is one that should be taken with the greatest care; relying upon technical legal arguments to provide a safety net risks creating further uncertainty and undermining the position of the UK in subsequent negotiations.’

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UK Constitutional Law Association, 27th July 2016

Source: www.ukconstitutionallaw.org

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Failure to report child abuse could lead to jail, consultation says – The Guardian

‘School caretakers, secretaries and dinner ladies could face prosecution and possible imprisonment for failing to report signs of child abuse or neglect under official proposals in the wake of the Savile, Rotherham and Rochdale scandals.’

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The Guardian, 21st July 2016

Source: www.guardian.co.uk

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IT consultant says his life is ‘ruined’ after police forced him to give 24 hours notice before having sex – Daily Telegraph

Posted July 18th, 2016 in news, notification, police, sexual offences by sally

‘An IT consultant says his life is “ruined” after police forced him to give 24 hours notice before he wishes to have sex, as his identity ban is lifted.’

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Daily Telegraph, 14th July 2016

Source: www.telegraph.co.uk

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Getting Noticed – Nearly Legal

Posted July 15th, 2016 in easements, landlord & tenant, news, notification, repairs by tracey

‘The case of Edwards v Kumarasamy has now seen a final decision from the Supreme Court with the Court overturning the decision of the Court of Appeal in two key areas.’

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Nearly Legal, 14th July 2016

Source: www.nearlylegal.co.uk

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Brexit legal challenge launched as businesses move to block EU exit without Act of Parliament – The Independent

‘A group of businesses has launched a legal challenge to prevent the Government from launching Brexit without a formal Act of Parliament.’

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The Independent, 4th July 2016

Source: www.independent.co.uk

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Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

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The Right to Rent and The Immigration Act 2016 – LAG Housing Law

‘In this post Alice Richardson considers the Immigration Act 2016 as it relates to possession proceedings and eviction.’

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LAG Housing Law, 21st June 2016

Source: www.laghousinglaw.com

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What are the legal implications if Britain votes leave? – The Guardian

Posted June 21st, 2016 in constitutional reform, EC law, news, notification, referendums by sally

‘Even if the electorate decides against the EU on Thursday, there will still be several legal obstacles confronting the Brexiteers before they can achieve their goal.’

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The Guardian, 21st June 2016

Source: www.guardian.co.uk

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From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

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Should “turning a blind eye” to allegations of child abuse be made illegal? – Halsbury’s Law Exchange

Posted May 27th, 2016 in child abuse, news, notification by tracey

‘According to the NSPCC’s 2015 report, How safe are our children? over 30,000 cases of child sexual abuse are now recorded annually in the UK. Perhaps this growing number can be attributed, in part, to people being more confident in speaking up and raising concerns, especially in an era of post-Yewtree Operation revelations.’

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Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexchange.co.uk

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Court of Appeal upholds rejection of bid to register rights of common – Local Government Lawyer

Posted May 11th, 2016 in animals, appeals, commons, judicial review, local government, news, notification by sally

‘A county council has successfully defended in the Court of Appeal its decision to refuse an application to register rights of common under the Commons Act 2006.’

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Local Government Lawyer, 10th May 2016

Source: www.localgovernmentlawyer.co.uk

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To notify or not to notify: the impact of contact terms on common law rights to terminate – Hardwicke Chambers

Posted April 27th, 2016 in compensation, construction industry, contracts, damages, news, notification by sally

‘In Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC [2016] EWHC 525 (Comm), Teare J held that the notice requirements contained in the termination provisions of a master supply agreement (the MSA) did not apply to an innocent party’s exercise of its common law right to terminate the agreement by accepting the other party’s repudiatory breach.’

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Hardwicke Chambers, 26th April 2016

Source: www.hardwicke.co.uk

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New rules for data protection – Law Society’s Gazette

Posted April 4th, 2016 in compensation, data protection, EC law, news, notification by sally

‘In the UK there is currently no legal obligation under the Data Protection Act 1998 (DPA) to report personal data breaches to anyone. However, the Information Commissioner’s Office (ICO) guidance recommends that serious breaches should be brought to its attention.’

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Law Society’s Gazette, 4th April 2016

Source: www.lawgazette.co.uk

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Why you might not be warned of an online security breach – The Guardian

Posted March 30th, 2016 in banking, consumer protection, data protection, internet, news, notification by sally

‘Surprisingly, under the Data Protection Act companies have no obligation to tell customers there could be a problem.’

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The Guardian, 30th March 2016

Source: www.guardian.co.uk

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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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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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Caledonian Modular Ltd v Mar City Developments Ltd [2015] EWHC 1855 (TCC) – Hardwicke Chambers

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

‘The TCC determined that an ambiguous set of accounts sent by email were not a valid application for interim payment, with the result that the corresponding payless notice had been issued in time. The case serves as a reminder to contractors that the substantial benefits of the HGCRA payment provisions come with the clear obligation to make the nature and content of any application for interim payment obvious to an employer, or else the courts will likely find such an application to be invalid.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

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