Unreasonable Conduct in the First-tier Tribunal – Hardwicke Chambers

Posted July 26th, 2016 in appeals, news, regulations, service charges, tribunals by sally

‘On 22 June 2016, the Upper Tribunal (Lands Chamber) gave judgment in three conjoined appeals concerning the proper interpretation of Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013; four members of Hardwicke appeared in the case. The appeals shared a number of facts: each arose out of a dispute over service charges payable under the lease of a flat; each concerned a dispute between a lessee and a tenant owned management company; and in each the award of costs was greater than the amount of service charge in issue in the proceedings.’

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Hardwicke Chambers, 14th July 2016

Source: www.hardwicke.co.uk

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New tough charity regulator to name and shame bullying ‘chuggers’ – Daily Telegraph

Posted July 7th, 2016 in charities, codes of practice, news, regulations, reports by sally

‘Charity fundraisers who harass the elderly and shoppers in street will be “named and shamed” by a tougher new regulator to be launched today.’

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Daily Telegraph, 7th July 2016

Source: www.telegraph.co.uk

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Half of police officers facing gross misconduct charges quit force before case heard – The Guardian

‘Half of police officers facing gross misconduct investigations in the past two years resigned or retired before their cases were heard, figures show.’

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The Guardian, 4th July 2016

Source: www.guardian.co.uk

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Trade bodies publish new market abuse guidance to replace Model Code – OUT- LAW.com

‘Guidance and specimen policy documents to help quoted companies comply with new market abuse rules when dealing in shares have been published by the UK’s main trade bodies for governance professionals and general counsel.’

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OUT-LAW.com, 29th June 2016

Source: www.out-law.com

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Immigration advisers using McKenzie Friend status “to dodge regulation” – Legal Futures

‘People are avoiding regulation as immigration advisers by “purportedly acting as McKenzie Friends”, the Office of the Immigration Services Commissioner (OISC) has warned.’

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Legal Futures, 8th June 2016

Source: www.legalfutures.co.uk

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Richard Kirkham: JR55: Five Activist Strategies a Judge Should Avoid – UK Constitutional Law Association

‘The ruling of the Supreme Court in JR55 raises a host of issues which deserve a much fuller analysis than can be developed in this post. The best reading of the case is that its impact is largely isolated to the Northern Ireland Commissioner for Complaints scheme involved, an ombudsman scheme which closed on 1st April as a result of the Public Services Ombudsman Act (Northern Ireland) 2016.’

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UK Constitutional Law Association, 30th May 2016

Source: www.ukconstitutionallaw.org

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Legal Services Board makes the case for regulatory independence – Legal Futures

‘The lack of independence between the legal regulators and representative bodies risks undermining the credibility of regulation and allows the likes of the Law Society and Bar Council to delay reforms that would benefit competition, the Legal Services Board (LSB) said yesterday.’

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Legal Futures, 11th May 2016

Source: www.legalfutures.co.uk

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Infants in Arms – Do babies pay their way? – 4 KBW

Posted April 26th, 2016 in airlines, children, competition, EC law, news, regulations by sally

‘In two recent decisions, the County Court at Liverpool has held that infants carried in the arms of another passenger were not themselves fare-paying passengers, but had in fact travelled for free. As a consequence, the infants were not eligible for the fixed compensation available to fare-paying passengers under the Regulation (EC) No. 261/2004 (“the Regulation”).’

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4 KBW, 22nd April 2016

Source: www.4kbw.net

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Cosmetic treatment industry given strict rules to protect vulnerable – The Guardian

‘Doctors carrying out cosmetic treatments must avoid two-for-one offers and allow a minimum two-week cooling-off period before surgery or risk being struck off, under long-awaited guidance to protect patients who may be vulnerable.’

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The Guardian, 12th April 2016

Source: www.guardian.co.uk

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The Duke and Duchy of Cornwall and the EIRs – Panopticon

‘The Duchy of Cornwall was established by Edward III in 1337 for his son. There is a landed estate (the Duchy) and a title (the Duke). Edward III was no doubt unconcerned about any legal duties that may attach to the Duchy; he had bigger fish to fry. In the 21st century, however, at least one knotty question of legal duty has surfaced.’

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Panopticon, 5th April 2016

Source: www.panopticonblog.com

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Government planning to repeal animal welfare codes – The Guardian

Posted March 29th, 2016 in agriculture, animal cruelty, codes of practice, food, news, regulations, repeals by sally

‘Conservative ministers are planning to repeal an array of official guidance on animal welfare standards, starting with a move to put the code on chicken-farming into the hands of the poultry industry.’

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The Guardian, 25th March 2016

Source: www.guardian.co.uk

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Lords curbs will tilt balance of power towards government, say peers – BBC News

Posted March 23rd, 2016 in news, parliament, regulations, veto by tracey

‘Government plans to remove the House of Lords’ ability to veto some draft laws would “tilt the balance of power… towards government”, peers have said. A review of the Lords’ powers was set up after peers voted down planned tax credits cuts – later axed by ministers. But its scope has been criticised by two Lords committees who say its proposals would “damage” Parliament’s role and should be shelved.’

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BBC News, 23rd March 2016

Source: www.bbc.co.uk

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A bolt out of the blue – another winning strike for delayed flight claimants – No. 5 Chambers

Posted March 22nd, 2016 in airlines, appeals, compensation, delay, news, regulations by sally

‘In January, there was yet another twist in the plot of the ever-developing law regarding delayed flights. This time it came from Her Honour Judge Melissa Clarke, sitting at Luton County Court, in the matter of Evans v Monarch Airlines.’

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No. 5 Chambers, 16th March 2016

Source: www.no5.com

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High Court Confirms that the Insolvency Rules Can Waive Defects in Service of a Bankruptcy Petition – Littleton Chambers

Posted February 24th, 2016 in bankruptcy, news, regulations, service by sally

‘The detailed procedural requirements of the Insolvency Rules 1986 make inadvertent breach a perpetual possibility. Debtors often try to take steps to frustrate the process, and may rely on such breaches to do so. A common tactic is to evade personal service. The Court is therefore faced with a need to balance the protections these procedural requirements establish against the possibility of their exploitation by unscrupulous debtors.’

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Littleton Chambers, 5th February 2016

Source: www.littletonchambers.com

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Enhanced Criminal Records Check Mate – Panopticon

Posted January 26th, 2016 in criminal records, employment, news, regulations by sally

‘One might have thought, following the judgments of the Court of Appeal (noted here) and the Supreme Court (noted here) in R (T) v Chief Constable of Greater Manchester Police [2014] UKSC 35, that there was little left to say about enhanced criminal records certificates (ECRC). After all, the Government had, with moderate grace, gone away after the Court of Appeal loss and drafted a revised set of rules in the Rehabilitation of Offenders Act (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (SI 2013/1198) which sought to better implement the Article 8 ECHR balance between the needs of employers and the need for long-distant misbehaviour not to be a permanent stain. But that thought fatally undervalues the ingenuity of lawyers (as well as the breadth of application of the ECRC regime).’

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Panopticon, 23rd Janaury 2016

Source: www.panopticonblog.com

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Should design rights protect things you can’t see? – OUP Blog

Posted January 26th, 2016 in Community designs, EC law, intellectual property, news, regulations by sally

‘Although many EU IP lawyers are currently concentrating on the trade mark reforms, the Commission is quietly getting on with its study of the design protection system in Europe.’

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OUP Blog, 26th January 2016

Source: www.blog.oup.com

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UK legislates to support ratification of Unified Patent Court reforms – OUT-LAW.com

Posted January 22nd, 2016 in courts, EC law, news, patents, regulations by sally

‘The UK government has prepared legislation to give effect to EU legislation on the unitary patent and to the Agreement on the Unified Patent Court (UPC), which backs the creation of a new UPC for resolving disputes over new unitary patents.’

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OUT-LAW.com, 21st January 2016

Source: www.out-law.com

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Regina (Roche Registration Ltd) v Secretary of State for Health – WLR Daily

Posted January 21st, 2016 in appeals, EC law, health, law reports, licensing, medicines, regulations by sally

Regina (Roche Registration Ltd) v Secretary of State for Health [2015] EWCA Civ 1311; [2015] WLR (D) 543

‘In accordance with its general obligation of co-operation pursuant to article 111 of Council Directive 2001/83/EC, the Medicines and Healthcare Products Regulatory Agency was lawfully entitled and obliged to supply the European Medicines Agency, pursuant to formal requests under article 8 of Commission Regulation (EC) No 658/2007, with information it had obtained from a marketing authorisation holder.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

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Flower v HM Coroner for Devon, Plymouth, Torbay and South Devon – WLR Daily

Posted January 14th, 2016 in coroners, inquests, law reports, regulations by sally

Flower v HM Coroner for Devon, Plymouth, Torbay and South Devon [2015] EWHC 3666 (Admin); [2015] WLR (D) 558

‘An inquest or an investigation had not been “held” for the purposes of section 13(1)(b) of the Coroners Act 1988 until an inquest had been conducted and completed.’

WLR Daily, 16th December 2015

Source: www.iclr.co.uk

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New vaping laws: Everything you need to know – The Independent

Posted January 5th, 2016 in EC law, news, regulations, smoking by sally

‘From 20 May, how you vape will change.’

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The Independent, 4th January 2016

Source: www.independent.co.uk

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