Children: Private Law Update (June 2016) – Family Law Week

Posted June 17th, 2016 in children, costs, DNA, enforcement, news, undertakings by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 15th June 2016

Source: www.familylawweek.co.uk

International Children Law Update: June 2016 – Family Law Week

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

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Family Law Week, 7th June 2016

Source: www.familylawweek.co.uk

Finance & Divorce Update June 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during May 2016.’

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Family Law Week, 3rd June 2016

Source: www.familylawweek.co.uk

Cavanagh and others v Secretary of State for Work and Pensions – WLR Daily

Cavanagh and others v Secretary of State for Work and Pensions [2016] EWHC 1136 (QB)

The first and second claimant employees were, it was assumed for present purposes, employed by the defendant employer under civil service terms and conditions and various collective agreements. Under “check-off arrangements” in the employer’s deductions from pay policy, the employees had opted for their subscriptions to the third claimant trade union to be paid by deduction from their salary and paid by the employer to the union. Latterly the check-off arrangements had been included in the employer’s salary policy published on the staff intranet. When the employer ended the check-off arrangements, the claimants brought a claim against it, contending that the employees had a contractual right to insist that the employer continue with the arrangement enforceable by the trade union under the Contracts (Rights of Third Parties) Act 1999.

WLR Daily, 13th May 2016

Source: www.iclr.co.uk

LGO demands action over backlog of 1,500 planning control cases at council – Local Government Lawyer

‘A Local Government Ombudsman investigation has found that the London Borough of Hackney had a backlog of 1,500 planning enforcement cases, some of them 15 years old.’

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Local Government Lawyer, 7th June 2016

Source: www.localgovernmentlawyer.co.uk

Staff ‘told not to take action against probation breaches’ – BBC News

Posted May 26th, 2016 in enforcement, news, probation, rehabilitation, reports by tracey

‘Probation officers are being told not to take action against offenders who breach sentence terms, because their companies risk being fined, a watchdog in England and Wales has said.’

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BBC News, 26th May 2016

Source: www.bbc.co.uk

Legal highs ban unenforceable, claim pharmacologists, forensics experts and lawyers – The Independent

Posted May 26th, 2016 in drug abuse, drug offences, enforcement, news, prosecutions by tracey

‘A blanket ban on legal highs has come into force amid warnings it is “unworkable” and drug dealers will be able to escape prosecution.’

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The Independent, 26th May 2016

Source: www.independent.co.uk

UK competition authorities to be given ‘more powers’ – OUT-LAW.com

Posted May 23rd, 2016 in auditors, bills, competition, consultations, EC law, enforcement, news by sally

‘Competition authorities in the UK are to be given new powers to combat anti-competitive behaviour, according to plans set out in the Queen’s Speech on Wednesday.’

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OUT-LAW.com, 19th May 2016

Source: www.out-law.com

Legal high ban: When does the new legislation come into force? How will it work? Are poppers banned? – The Independent

‘The Psychoactive Substances Act will introduce a blanket ban on the production, distribution, sale and supply of legal highs.’

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The Independent, 23rd May 2016

Source: www.independent.co.uk

Call for ticket touting to be criminalised – The Guardian

Posted May 23rd, 2016 in consumer protection, criminal justice, enforcement, fines, news by sally

‘Some of the music industry’s leading players are demanding that ticket touting be made a criminal offence for all UK concerts, plays and sporting events, Guardian Money can reveal.’

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The Guardian, 21st May 2016

Source: www.guardian.co.uk

UK government to provide guidance on obtaining website blocking orders in copyright cases – OUT-LAW.com

‘The UK government will help rights holders to clamp down on online copyright infringement by explaining what evidence they will need to build up to win website blocking orders before the courts, according to new plans it has set out.’

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OUT-LAW.com, 16th May 2016

Source: www.out-law.com

What’s really in the bests interests of children from other European countries involved in care proceedings? – Family Law Week

‘Sarah Phillimore, barrister, of St John’s Chambers considers the ‘best interests’ test under Article 15 of Brussels IIR in the light of the Supreme Court’s judgment in Re N.’

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Family Law Week, 6th May 2016

Source: www.familylawweek.co.uk

Legal highs brought low as councils employ banning orders to curb use – The Guardian

‘Critics say antisocial behaviour laws used by local authorities ahead of an all-out ban on legal highs have already criminalised vulnerable people ‘by the back door’.’

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The Guardian, 11th May 2016

Source: www.guardian.co.uk

British bill of rights could ‘unravel’ constitution, say MPs – The Guardian

‘The government’s proposed bill of rights will hamper the fight against crime, undermine the UK’s international moral authority and could start “unravelling” the constitution, a cross-party parliamentary committee is warning.’

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The Guardian, 9th May 2016

Source: www.guardian.co.uk

Enforceability of fixed charges made by overseas companies – Tanfield Chambers

Posted April 26th, 2016 in company law, enforcement, foreign companies, mortgages, news by sally

‘It is not unknown for overseas companies to use their own procedure for creating a charge, either in accordance with their national law or otherwise. This article considers whether such a charge is enforceable over property in England and Wales.’

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Tanfield Chambers, 20th April 2016

Source: www.tanfieldchambers.co.uk

Early intervention needed to improve effectiveness of confiscation orders, says expert – OUT-LAW.com

‘Earlier intervention and more formal measures of success are needed if confiscation orders are to be successfully used by the UK courts to deprive fraudsters of the proceeds of their crimes.’

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OUT-LAW.com, 20th April 2016

Source: www.out-law.com

Judge concerned at council tax enforcement and Valuation Tribunal appeals uncertainty – Local Government Lawyer

Posted April 20th, 2016 in bankruptcy, council tax, enforcement, news, tribunals, valuation by sally

‘A High Court judge has expressed concern at “the substantial degree of uncertainty that exists” in relation to how the courts, both magistrates and the bankruptcy county court, should deal with the enforcement of domestic council tax liability orders in the context of the availability of the remedy by way of appeal to the Valuation Tribunal.’

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Local Government Lawyer, 19th April 2016

Source: www.localgovernmentlawyer.co.uk

The UK Competition Regime and the CMA – OUP Blog

Posted April 19th, 2016 in competition, enforcement, fines, mergers, news, reports by sally

‘On 5 February 2015, the National Audit Office (NAO) published a report entitled ‘The UK Competition Regime’. The report assesses the performance of the UK competition regulators, focusing on the Competition and Markets Authority (CMA). It concludes that the CMA has inherited certain strengths, including a positive legacy of merger and market investigation work. However, it has also inherited problems in competition enforcement, which derive, according to the NAO, from a difficult legal environment, very low business awareness of the organisation and competition law more broadly, and reputational damage caused by a series of high profile losses in court.’

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OUP Blog, 19th April 2016

Source: http://blog.oup.com

Proprietary Estoppel: Expectation or Detriment – New Square Chambers

Posted April 13th, 2016 in appeals, compensation, damages, enforcement, estoppel, news, proportionality by sally

‘Proprietary estoppel claims can give rise to a particular issue: should the measure of the claimant’s relief be compensation for detriment or, more generously, enforcement of the relevant promise or assurance?’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

Health Executive of Ireland v Z and others – WLR Daily

Health Executive of Ireland v Z and others [2016] EWHC 784 (Fam)

‘The applicant sought and obtained an order in the Irish High Court authorising the treatment in a specialist unit in an English hospital of an Irish child aged 15 who had developed a very serious eating disorder and who required treatment which could not be provided in her home country. Her doctors, supported by her parents but against her wishes, made arrangements for her to be admitted and treated in a specialist unit in an English hospital which was able to provide the treatment required. The applicant applied to the English High Court for an order, under the inherent jurisdiction of the court, for recognition and enforcement of the Irish High Court order. At an initial hearing the court made an interim emergency order under inherent jurisdiction permitting the child’s emergency admission for treatment in the hospital in England. At a further hearing on notice a number of issues arose for determination, including whether article 1 of Council Regulation (EC) No 2201/2003 (“the Regulation”) applied to the case, whether the court had power under its inherent jurisdiction to make an interim emergency order for the recognition and enforcement of the Irish High Court order pending an application under FPR Pt 31, whether recognition should be refused on any of the grounds set out in article 23 of the Regulation, and whether the child should be represented in the proceedings.’

WLR Daily, 8th April 2016

Source: www.iclr.co.uk