“New law” is neither new nor law… – Park Square Barristers

Posted September 4th, 2015 in magistrates, news, prosecutions, road traffic offences by sally

‘In recent weeks Leeds Magistrates Court has found itself in the grip of a media frenzy for the dubious honour of hearing the “first ever prosecution” under the “new Law”’ for so called “middle-lane hogging”.’

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Park Square Barristers, 19th August 2015

Source: www.parksquarebarristers.co.uk

After Freifeld, when might a tenant be refused relief from forfeiture? – Tanfield Chambers

Posted September 4th, 2015 in covenants, forfeiture, landlord & tenant, leases, news by sally

‘In Freifeld v West Kensington Court Limited [2015] EWCA Civ 806, long-lessees had deliberately granted a future sub-lease of a commercial unit to a Chinese restaurant in breach of their alienation covenant not to sublet without landlord’s consent. An initial application for relief from forfeiture failed, because the tenants had wilfully breached their alienation covenant, and because there was an extensive history of neglectful management by the tenants of their obligations under the headlease. The judge concluded that the relationship between the tenants and their landlord had become dysfunctional and that it should not be re-imposed on the landlord by the grant of relief to the tenants.’
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Tanfield Chambers, 21st August 2015

Source: www.tanfieldchambers.co.uk

Myles Bradbury: Misconduct notices served on four police officers – BBC News

‘Gross misconduct notices have been served on four police officers in an inquiry into failings to alert local forces to paedophiles such as jailed Cambridge doctor Myles Bradbury.’

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BBC News, 4th September 2015

Source: www.bbc.co.uk

Payment Systems Regulator Publishes Guidance on Concurrent Competition Powers – Zenith Chambers

Posted September 4th, 2015 in banking, competition, financial regulation, news by sally

‘On 13 August 2015 the Payment Systems Regulator (PSR) issued guidance on how it will apply its concurrent competition law powers in relation to participation in payment systems.’

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Zenith Chambers, 26th September 2015

Source: www.zenithchambers.co.uk

Judge upholds challenge over town green and local authority land – Local Government Lawyer

Posted September 4th, 2015 in commons, judicial review, land registration, news by sally

‘A High Court judge has recently upheld a judicial review challenge by a campaigner over an inspector’s refusal of an application to register land in Exeter as a town green, it has been reported.’

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Local Government Lawyer, 4th September 2015

Source: www.localgovernmentlawyer.co.uk

CMA new voluntary redress rules provide a route to compensate victims of competition law infringements – Zenith Chambers

Posted September 4th, 2015 in compensation, competition, news, penalties by sally

‘The Competition and Markets Authority has finalised its guidance on its new powers to approve voluntary redress schemes with effect from 1 October 2015. It explains the circumstances in which the CMA and the concurrent competition regulators may offer up to a 20% discount in the administrative penalty where businesses who have infringed competition law establish schemes to compensate their victims.’

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Zenith Chambers, 18th August 2015

Source: www.zenithchambers.co.uk

Joint ownership and landlords: who serves notice? – Tanfield Chambers

Posted September 4th, 2015 in enfranchisement, landlord & tenant, leases, news, service charges by sally

‘Joint tenancy has been the only means of ownership of property at law since the Law of Property Act 1925 relegated tenancy in common to equitable ownership only. Despite the 90 years which have elapsed, joint ownership as it impacts on day to day management of residential leasehold property is not always understood. It is not uncommon, on an enfranchisement of a terraced house converted into two flats, for the freehold to be acquired by the two lessees jointly. What then? Must both decide on service charge expenditure together? What happens if one of the two refuses to join in, can the other sue? What if one of the two breaches their lease as leaseholder? These are issues which have often arisen in cases I have dealt with. The answers lie in an analysis of the trust law implications of joint ownership.’

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Tanfield Chambers, 18th August 2015

Source: www.tanfieldchambers.co.uk

Owners of dog which barked 43 times a minute fined – Daily Telegraph

Posted September 4th, 2015 in dogs, fines, news, noise, nuisance by sally

‘The owners of a dog which barked 43 times a minute for 20 minutes have been fined.’

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Daily Telegraph, 3rd September 2015

Source: www.telegraph.co.uk

Blindly Fumbling for Consent: PECR and Optical Express – Panopticon

Posted September 4th, 2015 in electronic commerce, electronic mail, enforcement, news, privacy by sally

‘PECR, long the runt of the information law litter, is beginning to take on a life of its own and, just as importantly, the ICO is beginning to really target spam texters and cold-callers. Recent changes to the enforcement provisions of PECR only assist in this task.’

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Panopticon, 3rd September 2015

Source: www.panopticonblog.com

Right to Rent – just how bad is it? – Nearly Legal

‘We though it would be bad. And thanks to the JCWI, we can now have an evidence based stab at an answer. JCWI co-ordinated an evaluation of the West Midlands pilot of ‘Right to Rent’ and have published the report.’

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Nearly Legal, 3rd September 2015

Source: www.nearlylegal.co.uk

Exams, ethics and roleplay: government reveals more details of solicitor apprenticeship route – The Lawyer

Posted September 4th, 2015 in legal education, news, solicitors by sally

‘The government has published the new assessment plans and standards for its ‘Trailblazer’ legal apprenticeships for qualification as a legal executive, paralegal or solicitor, with oral and written tests sitting alongside workplace assessment.’

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The Lawyer, 3rd September 2015

Source: www.thelawyer.com

Competition watchdog postpones publication of banking inquiry – The Guardian

Posted September 4th, 2015 in banking, competition, news, reports by sally

‘The Competition and Markets Authority has backtracked on its pledge to publish the provisional findings of its investigation into the banking sector this month.’
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The Guardian, 3rd September 2015

Source: www.guardian.co.uk

Tony Blair loses challenge against Daily Mail story – The Guardian

Posted September 3rd, 2015 in complaints, evidence, media, news, select committees by sally

‘The Independent Press Standards Organisation has rejected a complaint from Tony Blair seeking a retraction of a Daily Mail article that accused him of trying to “wriggle out” of an investigation by a committee of MPs.’

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The Guardian, 3rd September 2015

Source: www.guardian.co.uk

High Court expedites hearing of contract dispute between Cornwall and BT – Local Government Lawyer

Posted September 3rd, 2015 in contracting out, contracts, local government, news, telecommunications, trials by sally

The High Court will in December hold an expedited hearing of a dispute between Cornwall Council and BT over whether the local authority was entitled to terminate a major contract for material breach.

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Local Government Lawyer, 2nd September 2015

Source: www.localgovernmentlawyer.co.uk

Husband wins divorce fight over £20m car collection – The Guardian

Posted September 3rd, 2015 in divorce, financial provision, news by sally

‘A solicitor representing a man who won a high court battle with his estranged wife over the ownership of a £20m classic car collection has praised the judge’s ruling.’

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The Guardian, 2nd September 2015

Source: www.guardian.co.uk

Call for open discussion of gene-editing in treatment of human embryos – Technology Law Update

Posted September 3rd, 2015 in DNA, embryology, health, news by sally

The rapid development of the powerful new CRISPR-Cas9 gene-editing technology raises as many questions as it answers. Now a group of leading research organisations has thrown open the discussion to public debate. Is it now time, they ask, to the use these techniques to treat patients by altering the genes of reproductive cells and embryos to tackle genetic disease?
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Technology Law Update, 2nd September 2015

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

Law firms need to work on giving female barristers equal “crack of the whip” on instructions – Legal Futures

Posted September 3rd, 2015 in barristers, equality, law firms, news, women by sally

‘Male solicitors must be alert to their “unconscious assumptions” and ensure female barristers get an “equal crack of the whip in winning work on their merits”, the vice-chair of the Bar Standards Board (BSB) has said.’

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Legal Futures, 2nd September 2015

Source: www.legalfutures.co.uk

Ex-prisoners with mental health problems ‘more likely to reoffend’ – The Guardian

Posted September 3rd, 2015 in affidavits, alcohol abuse, drug abuse, mental health, news, recidivists, reports by sally

‘Ex-prisoners with common mental health problems, such as bipolar disorder, and who misuse drugs and alcohol are more likely to commit violent offences after their release than other former prisoners, according to research.’

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The Guardian, 3rd September 2015

Source: www.guaridan.co.uk

Civil Justice Council urges changes to boost use of damages-based agreements – Local Government Lawyer

Posted September 3rd, 2015 in agreements, Civil Justice Council, damages, news, regulations, reports by sally

‘A Civil Justice Council (CJC) report has made 45 recommendations aimed at boosting the uptake of Damages-Based Agreements (DBAs), which were a key part of the Jackson reforms but whose use has been limited.’

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Local Government Lawyer, 2nd September 2015

Source: www.localgovernmentlawyer.co.uk

Universities must bear consumer law in mind when marketing courses on social media, says expert – OUT-LAW.com

Posted September 3rd, 2015 in advertising, consumer protection, internet, news, universities by sally

‘FOCUS: As universities adopt increasingly innovative tactics to recruit new students, they must be careful not to ignore their obligations under consumer protection law and must comply with regulatory guidance.’

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OUT-LAW.com, 2nd September 2015

Source: www.out-law.com