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).’

Full story

Panopticon, 23rd Janaury 2016

Source: www.panopticonblog.com

Comments Off on Enhanced Criminal Records Check Mate – Panopticon

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.’

Full story

OUP Blog, 26th January 2016

Source: www.blog.oup.com

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

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.’

Full story

OUT-LAW.com, 21st January 2016

Source: www.out-law.com

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

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

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

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

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

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.’

Full story

The Independent, 4th January 2016

Source: www.independent.co.uk

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

Fracking under national parks backed by MPs – BBC News

Posted December 17th, 2015 in energy, news, parliament, regulations by tracey

‘MPs have voted to allow fracking for shale gas 1,200m below national parks and other protected sites. The new regulations – which permit drilling from outside the protected areas – were approved by 298 to 261.’

Full story

BBC News, 16th December 2015

Source: www.bbc.co.uk

Comments Off on Fracking under national parks backed by MPs – BBC News

Lords veto powers ‘to be curtailed’ – BBC News

Posted December 17th, 2015 in constitutional reform, news, parliament, regulations, veto by tracey

‘David Cameron is preparing to use the full force of the law to clip the wings of the House of Lords after it blocked his welfare cuts, the BBC has learned. A review will say peers should lose their absolute veto over detailed laws known as secondary legislation. Peers will instead be offered a new power to send these laws back to the Commons, forcing MPs to vote again – but will only be able to do this once.’

Full story

BBC News, 16th December 2015

Source: www.bbc.co.uk

Comments Off on Lords veto powers ‘to be curtailed’ – BBC News

Tobacco firms challenge plain packaging rules – BBC News

Posted December 10th, 2015 in advertising, intellectual property, news, regulations, smoking, trade marks by sally

‘Four of the world’s biggest tobacco firms are to begin a legal challenge to the government’s new packaging rules.’

Full story

BBC News, 10th December 2015

Source: www.bbc.co.uk

Comments Off on Tobacco firms challenge plain packaging rules – BBC News

E-Privacy Goes Mobile – Panopticon

Posted December 3rd, 2015 in conspiracy, injunctions, internet, news, privacy, regulations, telecommunications by tracey

‘Although most readers of this blog will be familiar, to some extent, with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”), they are a rarely sighted beast in the reported jurisprudence. Panopticon is aware of individual damages claims brought in the County Courts for small sums, but even they are few and far between.’

Full story

Panopticon, 2nd December 2015

Source: www.panopticonblog.com

Comments Off on E-Privacy Goes Mobile – Panopticon

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) – WLR Daily

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) [2015] EWCA Civ 1193; [2015] WLR (D) 480

‘The decision of the Lord Chancellor to propose by statutory instrument an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to impose a residence test for those otherwise eligible for civil legal aid under Part 1 of Schedule 1 to the Act was not unlawful or discriminatory.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

Comments Off on Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) – WLR Daily

Gove poised to back call for less overbearing regulatory regime for ABSs – Legal Futures

‘Lord Chancellor Michael Gove indicated yesterday that he would support legislative changes to make it easier to approve and regulate alternative business structures (ABSs) while the scope of the wider review of the Legal Services Act 2007 is worked out.’

Full story

Legal Futures, 19th November 2015

Source: www.legalfutures.co.uk

Comments Off on Gove poised to back call for less overbearing regulatory regime for ABSs – Legal Futures

Meaning of “unduly harsh” in the Immigration Rules – Free Movement

Posted November 16th, 2015 in interpretation, news, regulations, tribunals by sally

‘A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words “unduly harsh” at paragraph 399 of the Immigration Rules.’

Full story

Free Movement, 16th November 2015

Source: www.freemovement.org.uk

Comments Off on Meaning of “unduly harsh” in the Immigration Rules – Free Movement

Immigration Rules changes – UK Visas and Immigration

Posted October 29th, 2015 in immigration, news, regulations, visas by sally

‘UK Visas and Immigration is making changes to the Immigration Rules affecting various categories.’

Full story

UK Visas and Immigration, 29th October 2015

Source: www.gov.uk/government/organisations/uk-visas-and-immigration

Comments Off on Immigration Rules changes – UK Visas and Immigration

Supreme Court upholds evidential flexibility policy – Free Movement

Posted October 19th, 2015 in evidence, immigration, interpretation, news, regulations by sally

‘The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular followers of the blog will be familiar with this policy, which was first published here on Free Movement courtesy of Jane Heybroek. This was in 2012, despite the policy being in operation since 2009. It was later also published to the Home Office website.’

Full story

Free Movement, 19th October 2015

Source: www.freemovement.org.uk

Comments Off on Supreme Court upholds evidential flexibility policy – Free Movement

UK court to rule on whether Uber breaches rules on taximeters – OUT-LAW.com

Posted October 8th, 2015 in competition, internet, news, regulations, taxis, telecommunications by sally

‘A UK court is to rule on whether Uber’s mobile app breaches taxi regulations.’

Full story

OUT-LAW.com, 7th October 2015

Source: www.out-law.com

Comments Off on UK court to rule on whether Uber breaches rules on taximeters – OUT-LAW.com

Some Guidance on Interpretation of the Effect of the Enterprise Act – Zenith PI Blog

Posted October 6th, 2015 in employment, health & safety, judgments, news, personal injuries, regulations by sally

‘Personal injury specialists have long awaited clear guidance on how the changes effected by Section 69 of the Enterprise and Regulatory Reform Act 2013 will be interpreted by the courts.’

Full story

Zenith PI Blog, 2nd October 2015

Source: www.zenithpi.wordpress.com

Comments Off on Some Guidance on Interpretation of the Effect of the Enterprise Act – Zenith PI Blog

UK e-cigarette firm fights EU vaping laws in European court – The Guardian

Posted October 1st, 2015 in EC law, health, news, regulations, smoking by sally

‘A British company is taking its challenge against EU proposals on e-cigarette production, sales and marketing to the European court of justice.’

Full story

The Guardian, 1st October 2015

Source: www.guardian.co.uk

Comments Off on UK e-cigarette firm fights EU vaping laws in European court – The Guardian

Judge criticises ‘chaotic’ rules on media coverage of divorce disputes – The Guardian

Posted September 29th, 2015 in divorce, injunctions, judges, media, news, regulations, reporting restrictions by sally

‘Regulations concerning media reporting of how divorcing couples divide up their disputed assets are chaotic, a senior family court judge has acknowledged.’

Full story

The Guardian, 28th September 2015

Source: www.guardian.co.uk

Comments Off on Judge criticises ‘chaotic’ rules on media coverage of divorce disputes – The Guardian

When should a decision be remitted to a different decision-maker? – Competition Bulletin from Blackstone Chambers

Posted September 28th, 2015 in appeals, competition, health, hospitals, inquiries, news, regulations, tribunals by sally

‘The Court of Appeal’s answer to this question in HCA International Limited v CMA [2015] EWCA Civ 492 was, in effect: rarely. The judgment, which contains some serious criticism of the CMA even though it won the case, illustrates just how high the threshold is before a court will insist that a remitted decision should go to a new decision-maker. It is not enough for the original decision-maker to have made a mistake, however conspicuous. Rather, there needs to be a reasonable perception of unfairness or damage to public confidence in the regulatory process.’

Full story

Competition Bulletin from Blackstone Chambers, 25th September 2015

Source: www.competitionbulletin.com

Comments Off on When should a decision be remitted to a different decision-maker? – Competition Bulletin from Blackstone Chambers