Early learning – New Law Journal

Posted April 10th, 2014 in arbitration, dispute resolution, employment, news, regulations, time limits by sally

‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’

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New Law Journal, 10th April 2014

Source: www.newlawjournal.co.uk

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Regulating Health Care Professionals – Law Commission

‘A single clear and consistent legal framework is needed to enable the regulators of health professionals in the UK to modernise and continue to uphold their duty to protect public safety, according to the three Law Commissions of the UK.’

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Law Commission, 2nd April 2014

Source: www.lawcommission.justice.gov.uk

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Brogsitter v Fabrication de Montres Normandes EURL and another – WLR Daily

Posted March 17th, 2014 in conflict of laws, contracts, EC law, law reports, regulations by tracey

Brogsitter v Fabrication de Montres Normandes EURL and another: Case C-548/12;   [2014] WLR (D)  130

‘Civil liability claims, such as those at issue in the instant case, which were made in tort under national law, had to none the less be considered as concerning “matters relating to a contract” within the meaning of article 5(1)(a) of Council Regulation (EC) No 44/2001, where the conduct complained of could be considered a breach of the terms of the contract, which could be established by taking into account the purpose of the contract.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

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The Section 5 Defamation Act 2013 Regulations: Cumbersome and of questionable benefit? – 5RB

Posted March 10th, 2014 in defamation, internet, news, regulations by sally

‘Much has been written on the mental gymnastics required by the Defamation (Operators of
Websites) Regulations 2013 (“the Regulations”) issued under section 5 of the Defamation
Act 2013 (“the Act”).’

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5RB, 4th March 2014

Source: www.5rb.com

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Cap on housing benefit is lawful, says Court of Appeal – UK Human Rights Blog

‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’

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UK Human Rights Blog, 26th February 2014

Source: www.ukhumanrightsblog.com

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Legal Futures interview lands Bar Council chief in hot water with LSB – Legal Futures

Posted February 10th, 2014 in barristers, Legal Services Board, news, regulations by tracey

‘Comments made by the new Bar Council chairman in an interview with Legal Futures have led the Legal Services Board (LSB) to doubt whether the Bar Council truly accepted the recent findings that it improperly influenced its regulatory arm.’

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Legal Futures, 10th February 2014

Source: www.legalfutures.co.uk

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European Union (Approvals) Act 2014

Posted January 31st, 2014 in EC law, legislation, regulations, treaties by sally

European Union (Approvals) Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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Shearman (trading as Charles Shearman Agencies) v Hunter Boot Ltd – WLR Daily

Posted January 30th, 2014 in agency, compensation, indemnities, law reports, regulations by sally

Shearman (trading as Charles Shearman Agencies) v Hunter Boot Ltd [2014] EWHC 47 (QB); [2014] WLR (D) 32

‘A clause in an agency agreement which dealt with an agent’s entitlement to compensation or an indemnity on termination of the agreement was neither consistent with nor permitted by regulation 17(2) of the Commercial Agents (Council Directive) Regulations 1993.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

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United Kingdom v European Parliament and another – WLR Daily

Posted January 23rd, 2014 in EC law, financial regulation, law reports, regulations by sally

United Kingdom v European Parliament and another (Case C-270/12); [2014] WLR (D) 17

‘The powers available to ESMA under article 28 of Parliament and Council Regulation (EU) No 236/2012 of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ 2012 L86, p 1) were precisely delineated and amenable to judicial review in the light of the objectives established by the delegating authority. Accordingly, those powers did not imply that ESMA was vested with a “very large measure of discretion” that was incompatible with the FEU Treaty.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

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The EU’s Data Protection Regulation: where are we? – Panopticon

Posted January 21st, 2014 in data protection, EC law, news, regulations by sally

‘The replacement of Directive 95/26/EC – the bedrock of data protection in Europe – with a new Regulation is intended as a radical overhaul, making protections for personal data fit for the digital world. It has now been over two years since the first substantive draft of that Regulation was made public.’

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Panopticon, 20th January 2014

Source: www.panopticonblog.com

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Final TUPE amendment regulations provide “welcome clarification”, but uncertainties remain, says expert – OUT-LAW.com

Posted January 16th, 2014 in contract of employment, employment, news, redundancy, regulations, trade unions by tracey

‘Companies can now start “looking in earnest” at how to make changes to the regime governing protections for employees transferring to a new employer after the publication of final regulations clarified some outstanding questions about the new regime, an expert has said.’

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OUT-LAW.com, 15th January 2014

Source: www.out-law.com

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Corman-Collins SA v La Maison du Whisky SA – WLR Daily

Posted January 9th, 2014 in conflict of laws, contracts, EC law, jurisdiction, law reports, regulations by sally

Corman-Collins SA v La Maison du Whisky SA (Case C-9/12); [2013] WLR (D) 513

‘The rule of jurisdiction laid down in the second indent of article 5(1)(b) of Council Regulation (EC) No 44/2001 for disputes relating to contracts for the supply of services was applicable in the case of a legal action by which a claimant established in one member state claimed, against a defendant established in another member state, rights arising from an exclusive distribution agreement, which required the contract binding the parties to contain specific terms concerning the distribution by the distributor of goods sold by the grantor. It was for the national court to ascertain whether that was the case in the before it.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

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UK copyright reforms to take effect in April 2014 – OUT-LAW.com

Posted December 19th, 2013 in copyright, news, regulations by tracey

‘Changes to UK copyright law will come into force on 6 April 2014, the Government has announced.’

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OUT-LAW.com, 19th December 2013

Source: www.out-law.com

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Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) – WLR Daily

Posted December 17th, 2013 in appeals, EC law, intellectual property, law reports, regulations, trade marks, treaties by sally

Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) Case (C-445/12P); [2013] WLR (D) 493

‘Trade marks registered under international arrangements which had effect in a member state, as referred to in article 8(2)(a)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L78, p 1), were subject to the same system as trade marks registered in a member state, as referred to in article 8(2)(a)(ii) of the Regulation. As such, where pleaded in opposition proceedings before OHIM, they were subject to the requirement in article 42(3) of the Regulation to prove the requisite prior use, the concept of use of a Community trade mark in the European Union being exclusively and exhaustively governed by EU law.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

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Government publishes TUPE amendment regulations – No. 5 Chambers

Posted December 12th, 2013 in employment, news, redundancy, regulations, transfer of undertakings by sally

‘As predicted in our autumn newsletter, the Government has now published its proposed amendments to TUPE.’

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No. 5 Chambers, 4th December 2013

Source: www.no5.com

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Statement of changes in immigration rules – Home Office

Posted December 10th, 2013 in immigration, press releases, regulations, visas by tracey

‘This WMS was laid in Parliament on 9 December 2013, and delivered in the House of Commons by Theresa May and in the House of Lords by Lord Taylor of Holbeach.’

Full text

Home Office, 9th December 2013

Source: www.gov.uk/home-office

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Rayner v Legal Services Commission – WLR Daily

Posted December 6th, 2013 in costs, law reports, legal aid, regulations by tracey

Rayner v Legal Services Commission: [2013] WLR (D)  467

‘On a proper reading of the words “attributable to” in paragraph 5(4) of the Community Legal Service (Cost Protection) Regulations 2000 the non-funded party could recover costs outside the funded period, provided that the causal link was established.’

WLR Daily, 2nd December 2013

Source: www.iclr.co.uk

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ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required – Employment Law Blog

Posted November 28th, 2013 in appeals, defences, employment, news, regulations, transfer of undertakings by tracey

‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’

Full story

Employment Law Blog, 27th November 2013

Source: www.employment11kbw.com

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

Posted November 26th, 2013 in appeals, immigration, judicial review, law reports, legislation, regulations, ultra vires by tracey

Regina (Ignaoua) v Secretary of State for the Home Department: [2013] EWCA Civ 1498; [2013] WLR (D) 451

‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

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Maletic and another v lastminute.com and another – WLR Daily

Maletic and another v lastminute.com and another (Case C-478/12); [2013] WLR (D) 444

“The concept of ‘other party to the contract’ laid down in article 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1)also covered the contracting partner of the operator with which the consumer concluded that contract and which had its registered office in the member state in which the consumer was domiciled.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

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