TUPE Podcast – 11 KBW

Posted May 8th, 2013 in podcasts, transfer of undertakings by sally


11 KBW, April 2013

Source: www.11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 8th, 2013 in legislation by sally

The Energy Supply Company Administration Rules 2013

The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013

The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2013

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013

The Electricity (Exemption from the Requirement for a Generation Licence) (Markinch) Order 2013

The Transport for Greater Manchester (Light Rapid Transit System) (Miscellaneous Provisions) Order 2013

The Adoption Agencies (Miscellaneous Amendments) Regulations 2013

Source: www.legislation.gov.uk

The dilemma of assisted suicide – CrimeLine

Posted May 8th, 2013 in assisted suicide, news by sally

“The controversy of mercy killing is unresolved. It is capable of being either an act of compassion or that of unconscionable self interest. The law recognises no difference between these motivations. Despite challenges from Diane Pretty and Debbie Purdy, mercy killing remains an offence in the UK. Assisting a person to commit suicide is an offence under the Suicide Act 1961. Killing a person not capable of committing suicide even at their request is murder or manslaughter. It is no defence to say that the best interests of the victim were served. While the DPP have been forced to publicise their policy upon which factors will be considered when a prosecution is contemplated that goes only to the public interest in any prosecution. The law recognises no offence or defence, full or partial, of mercy killing.”

Full story

CrimeLine, 29th April 2013

Source: www.crimeline.info

Litter Enforcers let loose in Leeds – what rights to private contractors have to request personal details and issue fines? – Zenith Chambers

Posted May 8th, 2013 in data protection, fines, litter, news, public private partnerships by sally

“Private contractors are increasingly being used by local councils in an attempt to curb offences of littering. This has provoked an uproar amongst the press with reports of local residents being issued with ‘heavy handed fines’ for the most trivial offences, rather than receiving a warning and the opportunity to pick up their litter first.”

Full story (PDF)

Zenith Chambers, 3rd May 2013

Source: www.zenithchambers.co.uk

Burr v OM Property Management Ltd – WLR Daily

Posted May 8th, 2013 in appeals, landlord & tenant, law reports, service charges, time limits by sally

Burr v OM Property Management Ltd [2013] EWCA Civ 479; [2013] WLR (D) 164

“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Golstein v Bishop – WLR Daily

Posted May 8th, 2013 in law reports, partnerships, solicitors by sally

Golstein v Bishop [2013] EWHC 881 (Ch); [2013] WLR (D) 163

“The dissolution of a partnership could not be brought about by an accepted repudiation.”

WLR Daily, 2nd May 2013

Source: www.iclr.co.uk

Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another – WLR Daily

Posted May 8th, 2013 in damages, delay, human rights, imprisonment, law reports, parole by sally

Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another [2013] UKSC 23; [2013] WLR (D) 162

“Where it was established on a balance of probabilities that a delay in holding a hearing before the Parole Board, in violation of art 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, had resulted in the detention of a prisoner beyond the date when he would otherwise have been released, damages should ordinarily be awarded as compensation for the resultant detention.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

Posted May 8th, 2013 in fees, immigration, judicial review, news, time limits by sally

“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today [7 May] by Justice Secretary Chris Grayling.”

Full story

Ministry of Justice, 7th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Court of Appeal issues strong warning of costs sanctions for lengthy skeleton arguments – Litigation Futures

“The Court of Appeal has hit out at lengthy and complex skeleton arguments, describing them as the ‘bane’ of commercial litigation and warning that failing to comply with the practice directions on them will result in costs sanctions.”

Full story

Litigation Futures, 8th May 2013

Source: www.litigationfutures.com

EIR: when is information ‘held’? – Panopticon

“One of the issues which commonly arises for information law practitioners is the question, which arises under both FOIA and the EIR, of whether a public authority actually holds the information which has been requested. The leading case on section 1(1) FOIA is University of Newcastle v IC & British Union for the Abolition of Vivisection [2011] UKUT 185 (AAC), [2011] 2 Info LR 54 and substantially the same approach has been adopted in, for example, Keiller v IC and University of East Anglia [2012] 1 Info LR 128 and Clyne v IC & London Borough of Lambeth [2012] 2 Info LR 24 in relation to regulation 3(2) EIR. What is required is a common-sense and non-technical approach. That, of course, is easier stated than applied.”

Full story

Panopticon, 7th May 2013

Source: www.panopticonblog.com

Tribunal disagreement on post-employment victimisation will create “confusion” for employers, says expert – OUT-LAW.com

“An individual can bring a claim against a former employer for victimisation that took place after the employment ended, the Employment Appeal Tribunal (EAT) has said.”

Full story

OUT-LAW.com, 8th May 2013

Source: www.out-law.com

Lord Falconer to press on assisted dying law – BBC News

“Parliament is to be asked to consider the case for legalising assisted dying for terminally ill patients who have less than six months to live.”

Full story

BBC News, 7th May 2013

Source: www.bbc.co.uk

Panorama breached Ofcom code with privacy breach – Daily Telegraph

Posted May 8th, 2013 in anonymity, gambling, media, news, privacy by sally

“An edition of BBC1’s Panorama has breached the Ofcom code after a man who was supposed to remain anonymous was identified by his friends.”

Full story

Daily Telegraph, 7th May 2013

Source: www.telegraph.co.uk

Essay writing service’s ad banned for implying ‘guaranteed’ grade – The Guardian

Posted May 8th, 2013 in advertising, complaints, examinations, guarantees, news, universities by sally

“An advert for an essay writing service has been banned for implying that students had a moneyback guarantee that they would get the grade they wanted.”

Full story

The Guardian, 8th May 2013

Source: www.guardian.co.uk

Mentally-ill patients were ‘Tasered’ more than 50 times – The Independent

Posted May 8th, 2013 in care homes, freedom of information, mental health, news, police, weapons by sally

“Freedom of Information request reveals extent of stun-gun use by police in psychiatric wards.”

Full story

The Independent, 7th May 2013

Source: www.independent.co.uk

Kerry Katona payday loan ad banned for being irresponsible – The Guardian

Posted May 8th, 2013 in advertising, bankruptcy, complaints, loans, news by sally

“A TV campaign fronted by former bankrupt Kerry Katona offering payday loans with the strapline ‘fast cash for fast lives’ has been banned for being irresponsible.”

Full story

The Guardian, 8th May 2013

Source: www.guardian.co.uk

Police cautions issued for sex crimes, arson and robbery – BBC News

Posted May 8th, 2013 in cautions, news, police, rape, sexual offences by sally

“More than 1,000 sex offenders have received police cautions in the east of England rather than face court proceedings, it has emerged.”

Full story

BBC News, 8th May 2013

Source: www.bbc.co.uk

93-year-old former serviceman loses ruling on expats voting in UK elections – The Independent

Posted May 8th, 2013 in domicile, elections, human rights, news, time limits by sally

“A 93-year-old former British serviceman vowed to spend the rest of his life, if necessary, fighting for the right to vote after Strasbourg judges rejected his case.”

Full story

The Independent, 7th May 2013

Source: www.independent.co.uk

Eddie Stobart drives into legal aid row – The Guardian

“A subsidiary of the haulage firm Eddie Stobart has emerged as a leading contender in bidding for a new generation of criminal legal aid contracts that would deprive defendants of the right to choose their own solicitor.”

Full story

The Guardian, 8th May 2013

Source: www.guardian.co.uk