The Consumer Rights Act 2015: Financial Services & Consumer Credit – Henderson Chambers

Posted October 7th, 2015 in consumer credit, consumer protection, contracts, enforcement, news by sally

‘The Consumer Rights Act 2015 comes into force on 1 October 2015. In anticipation, Henderson Chambers is publishing a series of Alerters reviewing the key provisions. In this final article in the series, Rachel Tandy considers the impact of the legislation on the financial services sector.’

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Henderson Chambers, 28th September 2015

Source: www.hendersonchambers.co.uk

Part 3 of the 2015 Immigration Bill – enforcement – Free Movement

Posted October 1st, 2015 in bills, crime, documents, enforcement, evidence, immigration, news, stop and search by sally

‘Part 3 of the Immigration Bill gives a host of new, wide powers to immigration officers.

A person with leave to enter arrives in at the airport. Schedule 19(1) and (2) – the first section of Part 3 – gives immigration officers the power to curtail leave, rather to simply determine whether leave has been given and act accordingly. So someone arriving in the UK even with the appropriate leave will now have a lingering uncertainty as to whether they will be allowed in. This is likely to affect few migrants, but is indicative of the greater powers given to immigration officers throughout the Bill.’

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Free Movement, 1st October 2015

Source: www.freemovement.org.uk

Finance & Divorce Update September 2015 – 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 August 2015.’

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Family Law Week, 13th September 2014

Source: www.familylawweek.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

Tipstaff Orders – Family Law Week

Posted August 27th, 2015 in child abduction, enforcement, family courts, news, practice directions by sally

‘Sarah Jennings, barrister of 3PB Chambers, examines the purpose of and procedure for obtaining tipstaff orders.’

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Family Law Week, 26th August 2015

Source: www.familylawweek.co.uk

Enforce family court orders but don’t jail debtors – Society – Law Society’s Gazette

Posted August 13th, 2015 in debts, enforcement, family courts, imprisonment, Law Commission, Law Society, news by sally

‘The Law Society has called for simpler procedures to enforce family financial orders and said creditors should be armed with more information.’

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Law Society’s Gazette, 12th August 2015

Source: www.lawgazette.co.uk

All Change for London Family Lawyers: An International Perspective – Family Law Week

‘Stuart Clark, Associate Solicitor at The International Family Law Group LLP, explains the latest changes to the administration of divorce and financial remedies cases in London.’

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Family Law Week, 22nd July 2015

Source: www.familylawweek.co.uk

Police secure first FGM protection order – Daily Telegraph

Posted July 20th, 2015 in children, enforcement, female genital mutilation, news, passports, police by tracey

‘Order prevents travel by two young girls thought to be at risk of being taken to Africa for FGM.’

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Daily Telegraph, 17th July 2015

Source: www.telegraph.co.uk

Stress-testing Schedule 3: cross-border placements and the Court of Protection

‘In Re PA, PB and PC [2015] EWCOP 38, Baker J has conducted a detailed analysis of the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to the Mental Capacity Act (MCA) 2005. That Schedule represents the implementation in English law of obligations contained within the 2000 Hague Convention on the International Protection of Adults (the Convention) (which the United Kingdom has ratified in respect of Scotland, but not England).’

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Halsbury’s Law Exchange, 9th June 2015

Source: www.halsburyslawechange.co.uk

Tories’ legislation to protect zero-hours workers called ‘toothless’ by lawyers – The Guardian

Posted May 27th, 2015 in contract of employment, employment, enforcement, news by sally

‘Legislation that the prime minister, David Cameron, boasted will protect workers on zero-hours contracts has been described as toothless by employment lawyers.’

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The Guardian, 26th May 2015

Source: www.guardian.co.uk

Regina (Nicolson) v Tottenham Magistrates’ Court – WLR Daily

Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204

‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Christofi v National Bank of Greece (Cyprus) Ltd – WLR Daily

Christofi v National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB); [2015] WLR (D) 170

‘There was no general power to extend the mandatory two-month time limit for an appeal against the registration of a settlement order by a party not domiciled within the jurisdiction under article 43(5) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 14th April 2015

Source: www.iclr.co.uk

Dog walkers who don’t clean up their pet’s mess to face £100 fine – The Independent

‘Under a new law designed to tackle Britain’s dog poo problem, owners caught without a poop scooping bag will be fined £100.’

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The Independent, 12th April 2015

Source: www.independent.co.uk

Tackling trafficking: beyond criminalisation – Halsbury’s Law Exchange

‘The Modern Slavery Act 2015 has rightly drawn attention to the issue of trafficking, its role in the modern world and its prevalence in the United Kingdom. It ties together previously piecemeal legislation and creates specific criminal offences of slavery and human trafficking. Yet, to make a practical difference the legislation must go beyond criminalisation. Does the Modern Slavery Act do enough?’

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Halsbury’s Law Exchange, 31st March 2015

Source: www.halsburyslawexchange.co.uk

Top 10 Planning and Environmental Cases of 2014-2015 – Thirty Nine Essex Street

Posted March 19th, 2015 in appeals, enforcement, environmental protection, housing, news, planning by sally

‘This paper is intended to provide a focused update in relation to the most significant cases within the last twelve months of interest to those practicing in the area of environmental and planning law. In relation to each of the cases, the paper sets out asummary of the pertinent facts, the key issues decided by the case, together with some reflections on the legal and practical implications of the decisions.’

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Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Enforcing family financial orders – Law Commission

Posted March 19th, 2015 in consultations, enforcement, financial provision, Law Commission, news by sally

‘Every year, thousands of separating couples apply to the courts for financial orders, either because they cannot agree or to turn an agreement into an order so as to make it enforceable. The courts can order a person to make financial provision for a former spouse or civil partner. Sometimes the courts also make orders for the benefit of the children. The orders are made to help make sure that the needs of both partners and their children are met and, where possible, to maintain their living standards.’

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Law Commission, 11th March 2015

Source: www.lawcommission.justice.gov.uk

RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

Policing abuse in the online world – where does the law currently stand? – Halsbury’s Law Exchange

‘The prevalence of racist and misogynistic abuse online has become firmly established as a matter that now warrants considerable political attention. As legislators pick between the differences in “real world” and online forms of abuse, as well as judicial borders of the internet, Rhory Robertson, partner at Collyer Bristow LLP, outlines the many questions that must be addressed in any new lawmaking.’

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Halsbury’s Law Exchange, 6th March 2015

Source: www.halsburyslawexchange.co.uk

Nuptial Agreements: The Search for Intention – Family Law Week

‘Ben Wooldridge, pupil at 1 Hare Court, reviews the court’s treatment of nuptial agreements since Radmacher v Granatino [2010] UKSC 42, highlighting emerging trends and the growing significance of the parties’ intentions in determining enforceability.’

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Family Law Week, 5th MArch 2015

Source: www.familylawweek.co.uk

Enforced subject access: what you need to know about section 56 of the Data Protection Act – Halsbury’s Law Exchange

Posted March 2nd, 2015 in criminal records, data protection, employment, enforcement, news by sally

‘Under Section 56 of the Data Protection Act 1998 (DPA), it will soon be a criminal offence for an employer or other third party to require a data subject to supply records obtained through a subject access request. An employer, or a supplier of goods and services, cannot therefore make employment or provision of goods and services conditional on a data subject making a subject access request and providing their records.’

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Halsbury’s Law Exchange, 26th February 2015

Source: www.halsburyslawexchange.co.uk