The Rule of Law and the Future of the Sector – Attorney General’s Office

‘Attorney General speech to London Law Expos on the UK’s long commitment to the Rule of Law.’

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Attorney General’s Office, 14th October 2014

Source: www.gov.uk/ago

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Deech calls for full independence for legal regulators

Posted October 15th, 2014 in advocacy, legal profession, legal services, news, regulations by sally

‘The legal regulators should have full independence, and ‘approved regulator’ role of the Bar Council, Law Society and other professional bodies should be abolished, the chair of the Bar Standards Board (BSB) argued yesterday.’

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Legal Futures, 15th October 2014

Source: www.legalfutures.co.uk

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Wonga TV ad banned for failing to show interest rate – BBC News

Posted October 8th, 2014 in advertising, debts, interest, news, regulations by sally

‘The Advertising Standards Authority has banned a TV advert by payday lender Wonga, after a complaint by a charity.’

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BBC News, 8th October 2014

Source: www.bbc.co.uk

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Regina (T) v Secretary of State for the Home Department – WLR Daily

Posted October 2nd, 2014 in domestic violence, immigration, law reports, regulations by tracey

Regina (T) v Secretary of State for the Home Department: [2014] EWHC 2453 (Admin); [2014] WLR (D) 403

‘There was no general discretion under section E-DVILR 1.2(b) of Appendix FM of the Statement of Changes in Immigration Rules (HC 395) to provide public funds and for indefinite leave to remain to foreign nationals living in the United Kingdom who became victims of domestic violence.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

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Don’t be misleading or aggressive to your customers – that’s obvious, isn’t it? – Technology Law Update

Posted September 23rd, 2014 in complaints, consumer protection, news, regulations by sally

‘From 1 October 2014 consumers will have new rights to complain that they have been subjected to misleading or aggressive sales practices or demands for payment, thanks to the Consumer Protection from Unfair Trading (Amendment) Regulations 2014.’

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Technology Law Update, 23rd September 2014

Source: www.technology-law-blog.co.uk

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Who, what, why: What can and can’t you put on headstones? – BBC News

Posted August 14th, 2014 in burials and cremation, Church of England, news, regulations by sally

‘A priest has allegedly asked a grieving family to remove a headstone from a churchyard because of an “inappropriate” inscription. But what is and isn’t allowed, asks Chris Stokel-Walker.’

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BBC News, 13th August 2014

Source: www.bbc.co.uk

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Revisiting Habitual Residence – The Court of Appeal Decision in Re H – Family Law Week

‘Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.’

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Family Law Week, 6th August 2014

Source: www.familylawweek.co.uk

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In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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Private copying exception plans face possible legal action following parliamentary sign off – OUT-LAW.com

‘New rights to make private copies of copyrighted works, make free use of copyrighted material in works of parody and quote extracts from copyright protected books, audio and video content will be introduced into UK law from October.’

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OUT-LAW.co, 30th July 2014

Source: www.out-law.com

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Plans outlined to amend tax rules to enable new simplified reporting of VAT owed for supply of digital services – OUT-LAW.com

Posted July 31st, 2014 in consultations, EC law, news, regulations, taxation, VAT by michael

‘Proposed amendments to UK tax rules are being consulted on by HM Revenue & Customs (HMRC) to recognise a new simplified mechanism that is being introduced for reporting VAT owed on the supply of digital services following changes to EU laws.’

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OUT-LAW.com, 30th July 2014

Source: www.out-law.com

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My Left Shin – NearlyLegal

Posted July 17th, 2014 in appeals, human rights, legal aid, news, regulations, ultra vires by tracey

‘In years to come, we may all wonder what all the fuss was about, but Tuesday’s judgement in R (Public Law Project) v the Secretary of State for Justice has provided some relief and not a little amusement to legal aid practitioners girding themselves for yet another grim landmark in the legal aid story: the residence test.’

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NearlyLegal, 17th July 2014

Source: www.nearlylegal.co.uk/blog/

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Regina (Public Law Project) v Secretary of State for Justice (Office of the Children’s Commissioner intervening) – WLR Daily

Posted July 17th, 2014 in civil justice, law reports, legal aid, regulations, ultra vires by tracey

Regina (Public Law Project) v Secretary of State for Justice (Office of the Children’s Commissioner intervening); [2014] EWHC 2365 (Admin); [2014] WLR (D) 316

‘The proposed statutory instrument, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014, amending Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by introducing a residence test, was unlawful as it was ultra vires and discriminatory.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

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Legal aid residence test ‘discriminatory and unlawful’, high court rules – The Guardian

Posted July 15th, 2014 in appeals, civil justice, legal aid, news, regulations, ultra vires by tracey

‘The government’s attempt to introduce a residence test for legal aid has been struck down by the high court on the grounds that it is discriminatory and unlawful.’

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The Guardian, 15th July 2014

Source: www.guardian.co.uk

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Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – 4 New Square

Posted June 26th, 2014 in consumer protection, contracts, news, regulations, solicitors by sally

‘With over a decade of fairly fundamental regulatory challenges brought about by the Access to
Justice Act 1999, s.58 Courts and Legal Services Act 1990 (Conditional Fee legislation) and more
recently LASPO (Jackson and DBAs), not to mention the overhaul of the Solicitors Code of Conduct to
its present guise of the Handbook in October 2011, one would be forgiven for thinking that the
solicitors profession is already sufficiently regulated without yet more intricate legislation. However,
it seems not. It is now necessary for the profession to get to grips with this latest round of
regulation bestowed upon the profession by Brussels.’

Full story (PDF)

4 New Square, 11th June 2014

Source: www.4newsquare.com

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Karen Millen Fashions Ltd v Dunnes Stores and others – WLR Daily

Karen Millen Fashions Ltd v Dunnes Stores and others (Case C-345/13); ECLI:EU:C:2014:2013; [2014] WLR (D) 273

‘Article 6 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs meant that, in order for a design to be considered to have individual character, the overall impression which that design produced on the informed user had to be different from that produced on such a user, not by a combination of features taken in isolation and drawn from a number of earlier designs, but by one or more earlier designs, taken individually. Article 85(2) meant that, in order for a Community design court to treat an unregistered Community design as valid, the right holder of that design was not required to prove that it had individual character within the meaning of article 6, but need only indicate what constituted the individual character of that design, ie, indicated what, in his view, were the element or elements of the design concerned which gave it its individual character.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

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Church Comrs for England v Hampshire County Council – WLR Daily

Church Comrs for England v Hampshire County Council [2014] EWCA Civ 634; [2014] WLR (D) 207

‘Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 provided a means for curing deficiencies in an application to register land as a town or village green under section 15 of the Commons Act 2006 and once that application was so cured it was treated as duly made on the date on which the original defective application was lodged. Whether an applicant had been afforded a “reasonable opportunity” by the registration authority to put a defective application in order, for the purposes of regulation 5(4), was a question of law for the court and was not reviewable only on Wednesbury grounds.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

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Letting agents ‘will have to publish their fees in full’ – BBC News

Posted May 14th, 2014 in bills, consumer protection, fees, landlord & tenant, news, regulations, rent by sally

‘The government has said letting agents in England face a new obligation to display full details of their fees both on their websites and in their offices.’

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BBC News, 14th May 2014

Source: www.bbc.co.uk

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Council tax liability and void properties – Hardwicke Chambers

Posted May 13th, 2014 in charities, council tax, housing, local government, news, regulations, taxation by sally

‘Section 4 of the Local Government Finance Act 1992 (“LGF92”) provides that council tax is payable1 on any dwelling which is not an “exempt dwelling”. A dwelling is an “exempt dwelling” if it is “of a class prescribed by an order made by the Secretary of State”2 and thereby falls into one of 23 categories provided for by the Order.’

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Hardwicke Chambers, 30th April 2014

Source: www.hardwicke.co.uk

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In re Olympus UK Ltd and others – WLR Daily

Posted May 8th, 2014 in law reports, mergers, regulations, shareholders by tracey

In re Olympus UK Ltd and others; [2014] EWHC 1350 (Ch); [2014] WLR (D) 184

‘A proposed cross-border merger where the shareholders in the transferor company had agreed not to receive shares or other securities in the transferee would be compliant with and effective under the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974).’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

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AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft MbH – WLR Daily

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft MbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

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