A conventional approach – New Law Journal

Posted August 23rd, 2013 in children, international law, news, parental responsibility, treaties by sally

“David Williams QC provides an introduction to the 1996 Hague Convention.”

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New Law Journal, 22nd August 2013

Source: www.newlawjournal.co.uk

Press focus on “zero hours” terminology rather than substance unhelpful, says expert, as Government hints at tighter controls – OUT-LAW.com

Posted August 23rd, 2013 in codes of practice, contract of employment, employment, media, news by sally

“Broad references by the press to ‘zero hours’ employment contracts are unhelpful, as the term is used to refer to a wide variety of contracts that can be used for a number of legitimate business reasons, an expert has said.”

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OUT-LAW.com, 22nd August 2013

Source: www.out-law.com

They paved Plantagenet ‘n put up a parking lot – UK Human Rights Blog

Posted August 23rd, 2013 in burials and cremation, consultations, judicial review, news, royal family by sally

“The judge gave the Allliance permission to seek judicial review of the Secretary of State’s decision about re-burial. But I question the result – does the Alliance really have a legal right to be consulted about where Richard III is to be re-buried?”

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UK Human Rights Blog, 22nd August 2013

Source: www.ukhumanrightsblog.com

ICO wrong to impose £250k fine on council for data breach, tribunal rules – Local Government Lawyer

Posted August 23rd, 2013 in appeals, data protection, fines, local government, news, tribunals, waste by sally

“The Information Commissioner’s Office should not have imposed a £250,000 fine on Scottish Borders Council for a data breach, the First-tier Tribunal (FTT) has ruled.”

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Local Government Lawyer, 22nd August 2013

Source: www.localgovernmentlawyer.co.uk

‘Glitterlips’ drag queen jailed for benefits fraud – The Independent

Posted August 23rd, 2013 in benefits, fraud, news, sentencing, social security by sally

“A man who wrongly claimed £88,000 in benefits while performing as a high-heeled drag queen on stage has been jailed.”

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The Independent, 22nd August 2013

Source: www.independent.co.uk

Football fans face prosecution for ‘online hooliganism’ – The Guardian

Posted August 23rd, 2013 in crime, internet, news, sport by sally

“Football fans who abuse players or fellow supporters online have been warned they could face prosecution, as lawyers and police unveiled a new policy for tackling hooliganism.”

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The Guardian, 23rd August 2013

Source: www.guardian.co.uk

Judge blocks attempts to open luxury golf course on Green Belt land in Surrey – The Independent

Posted August 23rd, 2013 in environmental protection, hotels, news, planning, sport by sally

“A High Court judge has quashed planning permission for a golf course that had been marked for an ecologically sensitive Green Belt location despite there already being nearly 200 courses within 20 miles of the site.”

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The Independent, 22nd August 2013

Source: www.independent.co.uk

The age of the jury – Halsbury’s Law Exchange

Posted August 23rd, 2013 in juries, news by sally

“Legislation tells us what the law is, but rarely reveals why. The Juries Act 1974, s 1 states every person shall be qualified to serve as a juror… if… he is [on the electoral register] and is not less than eighteen nor more than seventy years of age.”

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Halsbury’s Law Exchange, 22nd August 2013

Source: www.halsburyslawexchange.co.uk

OFT blasts carpet and furniture stores for misleading price cuts – Daily Telegraph

Posted August 23rd, 2013 in consumer protection, news, sale of goods by sally

“Britain’s six biggest carpet, bed and furniture chains are being investigated by the Office of Fair Trading for exaggerating price cuts.”

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Daily Telegraph, 23rd August 2013

Source: www.telegraph.co.uk

Activists barred from badger protest – The Independent

Posted August 23rd, 2013 in agriculture, animals, demonstrations, injunctions, news, trade unions by sally

“A High Court judge granted an injunction today that will allow people to protest peacefully against the controversial badger cull within the trial culling zones, but bar a handful of named hardcore activists from the area.”

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The Independent, 22nd August 2013

Source: www.independent.co.uk

New rules for police custody of teenagers – BBC News

Posted August 23rd, 2013 in codes of practice, detention, news, parental rights, police, young persons by sally

“Extra protection for 17-year-olds in police custody will be put in place by the end of October, the Home Office has said.”

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BBC News, 22nd August 2013

Source: www.bbc.co.uk

UK terror law watchdog promises rapid report on David Miranda detention – The Guardian

“Britain’s anti-terror laws watchdog is to investigate whether laws were used “lawfully, appropriately and humanely” when police detained David Miranda at Heathrow airport for nine hours.”

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The Guardian, 22nd August 2013

Source: www.guardian.co.uk

Pre-Construction Consultation and the Futility of Dispensation – Hardwicke Chambers

“Generally, any landlord who wishes to enter into a qualifying long term agreement (‘QLTA’), viz. an agreement for a term of more than 12 months (subject to certain exceptions) as a result of which any tenant will pay a service charge of more than £100 (‘the appropriate amount’) for the relevant service charge period, must either consult in accordance with the Service Charges (Consultation Requirements) (England) Regulations 2003 (SI 2003/1987) (‘the Regulations’) or obtain a dispensation from the First-Tier Tribunal (Property Chamber) (‘PC’). Failure to consult will result in the relevant service charge being capped at the appropriate amount.”

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Hardwicke Chambers, 13th August 2013

Source: www.hardwicke.co.uk

Andrew Clarke QC on Football Transfer Requests and Buy-Out Clauses – Littleton Chambers

Posted August 22nd, 2013 in contract of employment, contracts, news, sport by sally

“In the past it seems that the best way for a player to persuade a club to sell him was to sulk, feign injury or stir up the media (on the BBC Sport website Robbie Savage has listed a few more tactics he had used, or seen others use). More recently we have seen the advent of clauses in player contracts which are triggered by offers in excess of a particular sum. These give rise to a number of interesting issues.”

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Littleton Chambers, 15th August 2013

Source: www.littletonchambers.com

The last gasp for strict liability? – Hardwicke Chambers

Posted August 22nd, 2013 in bills, employment, news, personal injuries, sport, strict liability by sally

“With the Government’s amendment to the Enterprise Bill 2013 due to abolish strict liability in employers’ claims, it seems that certain Courts were ahead of the pack in seeking to mitigate what they saw as the potentially unfair consequence of construing the Regulations too strictly against quasi-employers.”

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Hardwicke Chambers, 9th August 2013

Source: www.hardwicke.co.uk

No time to lose: Delay and challenges to public procurement – Hardwicke Chambers

“If you want to challenge a decision to do with public procurement, time is of the essence. The Court of Appeal has reiterated this warning in one of its last decisions of the term: R (Nash) v Barnet LBC [2013] EWCA Civ 1004.”

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Hardwicke Chambers, 8th August 2013

Source: www.hardwicke.co.uk

QASA Handbook and podcast launched – Bar Standards Board

“The essential guide to the QASA process has been launched by the Bar Standards Board today [21 August].”

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Bar Standards Board, 21st August 2013

Source: www.barstandardsboard.org.uk

BAILII: Recent Decisions

Posted August 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Hall, R v [2013] EWCA Crim 1450 (26 July 2013)

High Court (Queen’s Bench Division)

Lee v Lasrado [2013] EWHC 2302 (QB) (26 July 2013)

High Court (Technology and Construction Court)

National Museums and Galleries on Merseyside v AEW Architects and Designers Ltd [2013] EWHC 2576 (TCC) (20 August 2013)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted August 22nd, 2013 in legislation by sally

The European Parliamentary Elections (Returning Officers) Order 2013

The Healthy Eating in Schools (Wales) Measure 2009 (Commencement) Order 2013

The Civil Enforcement of Parking Contraventions (County of Flintshire) Designation (No. 2) Order 2013

The Education (Penalty Notices) (Wales) Regulations 2013

The Veterinary Medicines Regulations 2013

The Control of Noise (Code of Practice on Noise from Ice-Cream Van Chimes Etc.) (England) Order 2013

The Designation of Schools having a Religious Character (England) Order 2013

The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Charges) (England and Wales) Regulations 2013

The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Hearing Procedures) (England and Wales) Rules 2013

The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 10) Order 2013

Source: www.legislation.gov.uk

Probation officer prosecution should remind businesses of potential criminal penalties for data breaches, says expert – OUT-LAW.com

Posted August 22nd, 2013 in data protection, fines, news, penalties, probation by sally

“The prosecution of a probation officer for handing over personal information relating to the victim of domestic abuse to the alleged perpetrator should act as a reminder to business of the criminal penalties they could face for breaching UK data protection laws, an expert has said.”

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OUT-LAW.com, 21st August 2013

Source: www.out-law.com