Care Quality Commission issues first ‘duty of candour’ breach fine – OUT-LAW.com

Posted February 14th, 2019 in children, delay, fines, hospitals, medical treatment, news, notification by sally

‘The Care Quality Commission (CQC) has issued its first fine to an NHS trust for failing to comply with its ‘duty of candour’, which requires healthcare providers to be open and honest with patients or their families if there is an incident in which they suffer harm.’

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OUT-LAW.com, 13th February 2019

Source: www.out-law.com

Kenneth Armstrong: The Advent of Brexit – Can It Be Paused? – UK Constitutional Law Association

Posted December 12th, 2018 in brexit, constitutional law, EC law, news, notification, time limits, treaties by sally

‘As each day passes, a new window seems to be thrown open exposing a fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like an advent calendar for lawyers.’

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UK Constitutional Law Association, 12th December 2018

Source: ukconstitutionallaw.org

Supreme Court to rule next week in case on rates and service of completion notice – Local Government Lawyer

Posted December 12th, 2018 in news, notification, rates, service, Supreme Court by sally

‘The Supreme Court will next week (17 December) hand down its ruling in a case on the service of a completion notice by a billing authority.’

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Local Government Lawyer, 12th December 2018

Source: www.localgovernmentlawyer.co.uk

Taxpayers have no right to attend hearing to approve HMRC information notices – OUT-LAW.com

‘UK taxpayers and third parties have no right to attend a tax tribunal hearing to consider the issue of notices by HM Revenue & Customs (HMRC) requiring the provision of information relevant to tax enquiries, the first-tier tax tribunal has decided.’

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OUT-LAW.com, 12th December 2018

Source: www.out-law.com

Parish fails in High Court challenge to permissions for 229 homes – Local Government Lawyer

Posted December 11th, 2018 in housing, local government, news, notification, planning by sally

‘East Bergholt Parish Council has failed in a High Court challenge to decisions by Babergh District Council to grant planning permissions for 229 new homes in the Suffolk village.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50? – UK Constitutional Law Association

Posted December 10th, 2018 in brexit, constitutional law, EC law, news, notification, referendums, Scotland, treaties by sally

‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’

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UK Constitutional Law Association, December 2018

Source: ukconstitutionallaw.org

Brexit: UK can unilaterally revoke article 50, says ECJ – The Guardian

‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Tribunal refuses to hear preliminary issue in bank payroll tax case – OUT-LAW.com

‘A procedural point on whether HM Revenue & Customs (HMRC) had validly given notices of enquiry within the requisite time limits should not be heard separately as a preliminary issue, the First-tier Tax Tribunal (FTT) has decided in a case concerning bank payroll tax (BPT).’

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OUT-LAW.com, 7th December 2018

Source: www.out-law.com

Home Office unlawfully removed child asylum seeker from UK, High Court rules – The Independent

‘The Home Office unlawfully removed a child asylum seeker from the UK and has been ordered to arrange his return in a landmark High Court ruling.’

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The Independent, 6th December 2018

Source: www.independent.co.uk

CJC bids to strengthen appeal of ADR short of compulsion – Litigation Futures

Posted December 6th, 2018 in Civil Justice Council, dispute resolution, news, notification by sally

‘The Civil Justice Council (CJC) has called for a ‘notice to mediate’ system used in Canada to be considered as the first step towards a more “automatic” system of alternative dispute resolution (ADR).’

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Litigation Futures, 5th December 2018

Source: www.litigationfutures.com

Doctors and teachers could face criminal charges for failing to report forced marriage – The Independent

Posted November 16th, 2018 in consultations, doctors, forced marriages, news, notification, prosecutions, teachers by tracey

‘Doctors, nurses and teachers could face criminal charges for failing to report forced marriage cases under plans being considered by the government. Ministers are weighing up the possibility of introducing a mandatory reporting duty to boost efforts to tackle the “hidden crime”. A Home Office consultation paper published this week seeks views on whether such a measure should be introduced, and if so, who it should apply to.’

Full consultation

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The Independent, 16th November 2018

Source: www.independent.co.uk

High Court: administrator appointment can be simultaneous with court notice – OUT-LAW.com

Posted November 12th, 2018 in administrators, insolvency, news, notification, time limits by tracey

‘The High Court in England has confirmed that the industry standard wording used in the notice of appointment does not invalidate the appointment of the administrators. The same practice had previously been called into question in a case involving NJM Clothing.’

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OUT-LAW.com, 12th November 2018

Source: www.out-law.com

Bar Standards Board clarifies the responsibility of barristers to report sexual harassment – Cloisters

Posted November 2nd, 2018 in barristers, harassment, news, notification, pilot schemes by sally

‘Jen Danvers considers the Bar Standard Board’s recent regulatory update to barristers concerning the reporting of harassment and the pilot harassment support scheme.’

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Cloisters, 29th October 2018

Source: www.cloisters.com

You ain’t the boss of me (yet) – Nearly Legal

‘When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant’s landlord at that time?’

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Nearly Legal, 31st October 2018

Source: nearlylegal.co.uk

Firm terminated retainer “without notice or good reason” – Litigation Futures

Posted October 31st, 2018 in fees, indemnities, insurance, law firms, news, notification, winding up by sally

‘A law firm’s decision to terminate its retainer without notice to the client – because it was closing down – was unreasonable and it could not claim the fees due before then, the High Court has ruled.’

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Litigation Futures, 31st October 2018

Source: www.litigationfutures.com

Domestic abusers and stalkers should sign national register like sex offenders, commons report says – Daily Telegraph

Posted October 22nd, 2018 in criminal records, domestic violence, news, notification, stalking by sally

‘Domestic abusers and stalkers should be forced to sign a national register like sex offenders, a cross-party parliamentary report has said.’

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Daily Telegraph, 22nd October 2018

Source: www.telegraph.co.uk

Eviction companies, conducting litigation, and defective notices – Nearly Legal

Posted August 28th, 2018 in civil procedure rules, housing, landlord & tenant, news, notification by sally

‘Ms Kassam was the assured shorthold tenant of the Gills. It appears that rent arrears accrued. After serving a section 21 notice which turned out to be defective, the Gills sought the services of a set up called “Remove a Tenant” (RaT), a trading name of Fentham Group Limited. RaT served a section 8 notice seeking possession on grounds 8, 10 and 11, as ‘agents’ for the Gills.’

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Nearly Legal, 26th August 2018

Source: nearlylegal.co.uk

Section 21- Notices and the Possession Procedure – Hardwicke Chambers

Posted August 9th, 2018 in landlord & tenant, news, notification, reasons, repossession by sally

‘What is a section 21 (“s21”) notice?

It is a method of ending an assured shorthold tenancy by giving two months’ notice. The advantage of a s21 notice over other types of notice is that a Landlord does not have to give a reason for requiring possession.’

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Hardwicke Chambers, 16th July 2018

Source: www.hardwicke.co.uk

Network and information security laws take effect – OUT-LAW.com

‘New cybersecurity laws impacting organisations across central sectors of the economy have taken effect around Europe.’

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OUT-LAW.com, 10th May 2018

Source: www.out-law.com

Accountants and lawyers ‘must report’ aggressive tax avoidance schemes – The Guardian

Posted March 14th, 2018 in accountants, banking, legal profession, news, notification, penalties, tax avoidance by sally

‘Accountants, bankers and lawyers will face penalties if they fail to report aggressive tax avoidance schemes that help companies or individuals move money to offshore havens, under a new European Union law.’

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The Guardian, 13th March 2018

Source: www.theguardian.com