Recent Statutory Instruments – legislation.gov.uk

Posted January 15th, 2019 in legislation by tracey

The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

The Horizon 2020 Framework Programme for Research and Innovation (EU Exit) Regulations 2019

The Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019

The Sanctions (Amendment) (EU Exit) Regulations 2019

The Excise Duties (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019

The Excise Duties (Miscellaneous Amendments) (EU Exit) Regulations 2019

The Excise Goods (Holding, Movement and Duty Point) (Amendment etc.) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 15th, 2019 in law reports by tracey

Supreme Court

Northern Ireland of devolution issues, Reference by the Attorney General for (Northern Ireland) [2019] UKSC 1 (14 January 2019)

High Court (Administrative Court)

Nazeer v Solicitors Regulation Authority [2019] EWHC 37 (Admin) (14 January 2019)

High Court (Chancery Division)

Coats UK Pension Scheme Trustees Ltd v Styles & Ors [2019] EWHC 35 (Ch) (14 January 2019)

High Court (Queen’s Bench Division)

Carruthers v Associated Newspapers Ltd [2019] EWHC 33 (QB) (14 January 2019)

Source: www.bailii.org

Court of Appeal to hear legal challenge over ‘safe zone’ around abortion clinic – Local Government Lawyer

Posted January 15th, 2019 in abortion, demonstrations, local government, news by tracey

‘The Court of Appeal has granted permission to appeal to claimants who unsuccessfully challenged Ealing Council’s decision to introduce – through a public spaces protection order – a “safe zone” outside an abortion clinic.’

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Local Government Lawyer, 14th January 2019

Source: www.localgovernmentlawyer.co.uk

Prosecution by council sees handyman jailed for defrauding vulnerable resident – Local Government Lawyer

Posted January 15th, 2019 in elderly, fraud, news, sentencing by tracey

‘A gardener and handyman has been sentenced to 20 months in jail, suspended for two years, after he defrauded a vulnerable elderly resident out of more than £6,000.’

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Local Government Lawyer, 14th January 2018

Source: www.localgovernmentlawyer.co.uk

Bar Council renews attack on BSB over price transparency – Legal Futures

Posted January 15th, 2019 in barristers, fees, news by tracey

‘The Bar Council is still unhappy with the price transparency regime proposed by the Bar Standards Board (BSB), despite the regulator’s decision to limit publication of information about fees to public access work.’

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Legal Futures, 15th January 2019

Source: www.legalfutures.co.uk

Is it enough for the Court to make an order when a child does not want to see his mum or dad? – Family Law

Posted January 15th, 2019 in children, families, news, residence orders by tracey

‘When we explain the potential stages of private children proceedings to concerned parents, some roll their eyes, sigh, cry and ultimately get frustrated at not only the length of the process and the costs, but also the fact that because the child says he does not want to see one parent, the proceedings don’t come to an automatic halt, according to Rebecca Ranson, solicitor at Maquire Family Law.’

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Family Law, 15th January 2019

Source: www.familylaw.co.uk

Criminalising imams will not solve the problem of unregistered marriages – Family Law

Posted January 15th, 2019 in bills, Islam, marriage, news, registrars by tracey

‘In this post Russell Sandberg, Professor of Law at Cardiff University, questions the current proposal for celebrants to face criminal penalties if they fail to ensure the marriage is also civilly registered. He argues that this will not cure concerns about unregistered religious marriages but rather underlines the need for comprehensive reform.’

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Family Law, 15th January 2019

Source: www.familylaw.co.uk

Investigatory Powers Tribunal Rules 2018 – UK Police Law Blog

Posted January 15th, 2019 in investigatory powers, news, regulations, tribunals by tracey

‘The new Investigatory Powers Tribunal Rules 2018 came into force on 31 December 2018, revoking the 2000 rules: See here. The 2018 rules apply to all section 7 Human Rights Act 1998 proceedings before the Tribunal and all covert investigatory powers complaints under section 65 of the Regulation of Investigatory Powers Act 2000, including those which were made before the new rules came into force.’

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UK Police Law Blog, 14th January 2019

Source: ukpolicelawblog.com

s35 FOIA Updates from the Upper Tribunal – Panopticon

‘A couple of recent Upper Tribunal cases have been handed down on the section 35(1) FOIA exemption for the formulation or development of government policy and for Ministerial communications. Both concern documents produced at the highest levels of Government. Both nudge the jurisprudence on a little bit, and both are worth being aware of for those concerned.’

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Panoptiocn, 14th January 2018

Source: panopticonblog.com

Fraud case shows importance of internal investigations – OUT-LAW.com

Posted January 15th, 2019 in confidentiality, contracts, database right, employment, fraud, news, privilege by tracey

‘A recent High Court case demonstrates that companies will usually need to carry out their own internal investigations before being able to successfully obtain certain court orders in cases of suspected employee fraud, an expert has said.’

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OUT-LAW.com, 14th January 2019

Source: www.out-law.com

Reforms to UK trade mark laws take effect – OUT-LAW.com

Posted January 15th, 2019 in news, regulations, trade marks by tracey

‘Businesses should note changes made to UK trade mark laws that came into effect on Monday, an expert has said.’

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OUT-LAW.com, 14th January 2019

Source: www.out-law.com

Whether Rates Proposal Invalidated by Omission – Local Government Law

Posted January 15th, 2019 in leases, mistake, news, rates, rent by tracey

‘In Alam v Valuation Officer (2018) UKUT 266 (LC) Mr Alam is the proprietor of the restaurant. He took a lease of a Property. His agents submitted a proposal to reduce the rateable value of the Property. In their proposal they stated correctly that Mr Alam was the occupier of the Property but also stated that the Property was “owner/occupied”. The proposal was completed in that way because of a misunderstanding between Mr Alam and his agents. As a result, the agents did not include any information in response to the question “if not owner/occupied, is a rent or licence fee paid?” and, in particular, did not state the rent payable, the date it had first become payable and the date of the next rent review. All of this was information required by Regulation 6(3) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 (“the 2009 Regulations”). The issue in Mr Alam’s appeal to the Upper Tribunal (Lands Chamber) concerned the consequence of the mis-statement of the capacity in which Mr Alam occupied the Property and the omission of any information about the rent payable. The Valuation Tribunal for England (“VTE”) found that the proposal was invalid, explaining: “… in whatever circumstances to omit the rent from the proposal was a substantial failure to comply with the Regulations. The panel was therefore persuaded that the error was so fundamental that the proposal could not in any circumstances be treated as valid.” ‘

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Local Government Law, 9th January 2019

Source: local-government-law.11kbw.com

Court relaxes costs rule for PI claim heading towards multi-track – Law Society’s Gazette

Posted January 15th, 2019 in costs, damages, news, personal injuries by tracey

‘A PI claimant who had applied for re-allocation from the fast track to the multi-track – only for the defendant to settle before it reached that stage – will be allowed to recover assessed rather than fixed costs, a court has ruled.’

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Law Society's Gazette, 14th January 2018

Source: www.lawgazette.co.uk

Knifeman shot by police ‘lawfully killed’ – BBC News

Posted January 15th, 2019 in firearms, inquests, news, offensive weapons, police by tracey

‘A knife-wielding man shot by police after imprisoning his fiancée in his flat was lawfully killed, an inquest has concluded.’

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BBC News, 14th January 2019

Source: www.bbc.co.uk

West Midlands Police ‘fails to record 16,600 violent crimes’ – BBC News

Posted January 15th, 2019 in criminal records, news, police, reports, statistics, violence by tracey

‘West Midlands Police is “failing victims” and not recording more than 16,600 violent crimes each year, a watchdog has said.’

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BBC News, 15th January 2019

Source: www.bbc.co.uk

Woman ordered not to contact son spared jail for going to parents’ evening – The Guardian

‘A woman under orders not to contact her son has been spared jail for accepting an invitation to attend a parents’ evening at his London school.’

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The Guardian, 14th January 2018

Source: www.theguardian.com

Student who sparked Newcastle bomb scare with artwork on bridge given community service – The Independent

Posted January 15th, 2019 in bomb hoaxing, community service, news, nuisance, sentencing by tracey

‘A student who sparked a bomb scare by attaching piece of art to a bridge has been sentenced to 90 hours of community service.’

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The Independent, 15th January 2019

Source: www.independent.co.uk