Time for a Regulated Process for Surrogate Parents? – Family Law Week

Posted May 13th, 2015 in custody, families, news, regulations, surrogacy by tracey

‘Natalie Gamble, solicitor, of Natalie Gamble Associates and Elizabeth Isaacs QC of St Ives Chambers consider the significance of H v S (Surrogacy Agreement) in which Ms Justice Russell awarded care of a surrogate child to a gay couple.’

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Family Law Week, 12th May 2015

Source: www.familylawweek.co.uk

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Regina (Agyarko) v Secretary of State for the Home Department; Regina (Evans) v Secretary of State for the Home Department; Regina (Ikuga) v Secretary of State for the Home Department – WLR Daily

Posted May 12th, 2015 in appeals, families, human rights, immigration, law reports, regulations by tracey

Regina (Agyarko) v Secretary of State for the Home Departmen; Regina (Evans) v Secretary of State for the Home Department; Regina (Ikuga) v Secretary of State for the Home Department: [2015] EWCA Civ 440; [2015] WLR (D) 205

‘Where a party who had overstayed unlawfully and married or formed a relationship with a British citizen sought leave to remain, the “insurmountable obstacles” test as to return under the Immigration Rules was a stringent test and more demanding than a mere test of whether it would be reasonable to expect a couple to continue their family life outside the United Kingdom, although the test was also to be interpreted in a sensible and practical rather than a purely literal way.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

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Howell v Lerwick Commercial Mortgage Corporation Ltd – WLR Daily

Posted May 7th, 2015 in bankruptcy, debts, insolvency, law reports, regulations, setting aside by sally

Howell v Lerwick Commercial Mortgage Corporation Ltd [2015] EWHC 1177 (Ch); [2015] WLR (D) 200

‘Where the debt in a statutory demand itself was not disputed but the debtor relied on a cross-claim which did not equal the debt but fell short of it by less than £750, the statutory demand was not necessarily to be set aside under the residual discretion in rule 6.5(4)(d) of the Insolvency Rules 1986.’

WLR Daily, 1st May 2015

Source: www.iclr.co.uk

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Moreno v Motor Insurers’ Bureau – WLR Daily

Moreno v Motor Insurers’ Bureau [2015] EWHC 1002 (QB); [2015] WLR (D) 177

‘The scope of the defendant’s liability to the claimant under regulation 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be determined in accordance with the law of England and Wales and not the law of the country where the accident occurred.’

WLR Daily, 17th April 2015

Source: www.iclr.co.uk

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Consumer group begins ‘super-complaint’ over allegedly ‘misleading and opaque’ supermarket pricing practices – OUT-LAW.com

Posted April 22nd, 2015 in consumer protection, food, news, regulations, sale of goods by sally

‘The Competition and Markets Authority (CMA) will investigate alleged “misleading and opaque pricing practices” by supermarkets in response to a ‘super-complaint’ brought by consumer group Which?, it has announced.’

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OUT-LAW.com, 21st April 2015

Source: www.out-law.com

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R (on the application of SG and others ) v Secretary of State for Work and Pensions – Supreme Court

R (on the application of SG and others ) v Secretary of State for Work and Pensions [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Adjudication in UK Construction Contracts: A Critical Look – 39 Essex Chambers

‘This brief paper arises out of a 39 Essex Chambers seminar on the 19 March 2015. The title of the Seminar was “Adjudication Enforcement: Time for a Change?”. The seminar comprised two debates. The first debate considered the strengths and weaknesses of adjudication as it stands at the moment. The second debate looked afresh at the Human Rights Act and asked whether or not it might yet impact adjudication. Each debate has a short introduction. This paper is an amalgam of the two introductions.’

Full story (PDF)

39 Essex Chambers, 2nd April 2015

Source: www.39essex.com

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Certainty for landlords as commercial property energy efficiency regulations receive parliamentary approval – OUT-LAW.com

Posted April 2nd, 2015 in energy, landlord & tenant, news, regulations by sally

‘New energy efficiency standards for privately-let commercial property in England will come into force on 1 April 2018, after the UK parliament passed regulations in one of its final sessions ahead of May’s general election.’

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OUT-LAW.com, 30th March 2015

Source: www.out-law.com

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In re International Game Technology plc and another – WLR Daily

Posted March 31st, 2015 in company law, law reports, mergers, regulations by sally

In re International Game Technology plc and another [2015] EWHC 717 (Ch); [2015] WLR (D) 148

‘The court had jurisdiction under regulation 16 of the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974) to make an order approving a cross-border merger subject to conditions and that conditionality was merely a factor for the court to take into account in exercising its discretion unless the court was satisfied that a conditional order would be futile.’

WLR Daily, 19th March 2015

Source: www.iclr.co.uk

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Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd – WLR Daily

Posted March 31st, 2015 in appeals, company law, landlord & tenant, law reports, regulations by sally

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd [2015] EWCA Civ 282; [2015] WLR (D) 147

‘Pursuant to section 72 of the Commonhold and Leasehold Reform Act 2002, a right to manage company could not acquire the right to manage more than one self-contained building or part of a building.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

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Is the defendant worth suing? – Hardwicke Chambers

Posted March 31st, 2015 in civil procedure rules, costs, insurance, negligence, news, regulations by sally

‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

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The New FA Football Intermediaries Regulations and the Disputes Likely to Arise – Blackstone Chambers

Posted March 30th, 2015 in agency, conflict of interest, disclosure, news, regulations, sport by sally

‘The FA Regulations on working with Intermediaries (‘FA Intermediaries Regulations’) come into force on 1 April 2015. They put into force FIFA’s Intermediaries Regulations, with some important variations and, with them, apparently signal the abolition of the licensed football agent.’

Full story (PDF)

Blackstone Chambers, 27th March 2015

Source: www.blackstonechambers.com

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ITV plc and others v Pensions Regulator and another – WLR Daily

Posted March 30th, 2015 in appeals, law reports, pensions, regulations, tribunals by sally

ITV plc and others v Pensions Regulator and another [2015] EWCA Civ 228; [2015] WLR (D) 139

‘The Upper Tribunal had a discretion to allow the Pensions Regulator to raise new allegations on a reference which were not contained in a warning notice issued pursuant to section 96 of the Pensions Act 2004. The discretion should be exercised based on a consideration of all the relevant factors in the case, weighing up all the facts and circumstances, and not just the narrow question whether the Pensions Regulator had good reason for seeking to enlarge its case.’

WLR Daily, 24th March 2015

Source: www.iclr.co.uk

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Herbal doctors will not be regulated, despite pleas from Prince Charles – Daily Telegraph

Posted March 30th, 2015 in charities, health, medical treatment, news, regulations, royal family by sally

‘Despite lobbying from Prince Charles, health officials have decided there is not enough evidence herbal medicines work to justify regulating the ancient practices.’

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Daily Telegraph, 27th March 2015

Source: www.telegraph.co.uk

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Care Quality Commission scraps ‘judgmental’ GP practice bandings – The Guardian

Posted March 30th, 2015 in doctors, health, news, regulations by sally

‘The NHS regulator has abandoned its system of bandings for GP practices, after criticism from doctors’ representatives.’

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The Guardian, 27th March 2015

Source: www.guardian.co.uk

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R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) – Supreme Court

R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) [2015] UKSC 18 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) – Supreme Court

R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Businesses line up to be regulated by Bar Standards Board – Legal Futures

Posted March 25th, 2015 in barristers, indemnities, insurance, news, regulations by sally

‘Sixteen businesses have so far completed their applications to be regulated by the Bar Standards Board (BSB), it has emerged.’

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Legal Futures, 25th March 2015

Source: www.legalfutures.co.uk

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Regulator confirms minimum insurance terms for entities – Bar Standards Board

‘The Bar Standards Board (BSB) has today [24 March] published the minimum terms of the professional indemnity insurance it expects BSB-regulated businesses (“entities”) to have in place.’

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Bar Standards Board, 24th March 2015

Source: www.barstandardsboard.org.uk

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Schedule 1 – Child Maintenance – Tanfield Chambers

Posted March 19th, 2015 in child support, news, periodical payments, regulations by sally

‘S 8 of the Child Support Act 1991 (CSA 1991) circumscribes the role of the courts in deciding child maintenance. This act trumps the provisions in the MCA 1973 and Children Act 1989 s 15 / Schedule l save in certain circumstances (e.g. where an existing maintenance order has been made less than one year earlier – s 4 (10) (aa) CSA 1991). The combined effect of s10 CSA 1991 and § 3 (1) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (SI 1992/2645) is that from the effective date of a maintenance calculation made pursuant to CSA 1991, any existing court order ceases to have effect.’

Full story

Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk

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