‘A county council has successfully defended in the Court of Appeal its decision to refuse an application to register rights of common under the Commons Act 2006.’
Local Government Lawyer, 10th May 2016
Source: www.localgovernmentlawyer.co.uk
‘In Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC [2016] EWHC 525 (Comm), Teare J held that the notice requirements contained in the termination provisions of a master supply agreement (the MSA) did not apply to an innocent party’s exercise of its common law right to terminate the agreement by accepting the other party’s repudiatory breach.’
Hardwicke Chambers, 26th April 2016
Source: www.hardwicke.co.uk
‘In the UK there is currently no legal obligation under the Data Protection Act 1998 (DPA) to report personal data breaches to anyone. However, the Information Commissioner’s Office (ICO) guidance recommends that serious breaches should be brought to its attention.’
Law Society’s Gazette, 4th April 2016
Source: www.lawgazette.co.uk
‘Surprisingly, under the Data Protection Act companies have no obligation to tell customers there could be a problem.’
The Guardian, 30th March 2016
Source: www.guardian.co.uk
‘A High Court judge should not have overturned planning permission granted to a solar farm in Wiltshire in response to a legal challenge brought 11 months after the three-month limitation period then in force had expired, the Court of Appeal has ruled.’
OUT-LAW.com, 1st March 2016
Source: www.out-law.com
‘Google the decision in Henia Investments Inc v Beck Interiors Ltd and you will find a raft of articles championing the decision as adding yet further weight to the argument that payment applications submitted by the “payee” must be clear and unambiguous.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘The TCC determined that an ambiguous set of accounts sent by email were not a valid application for interim payment, with the result that the corresponding payless notice had been issued in time. The case serves as a reminder to contractors that the substantial benefits of the HGCRA payment provisions come with the clear obligation to make the nature and content of any application for interim payment obvious to an employer, or else the courts will likely find such an application to be invalid.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘The TCC had to determine whether an interim application for payment made by a contractor was valid where it was ambiguous which payment date the application had been made for. Akenhead J determined that this ambiguity would be construed against the contractor and in favour of the employer, with the result that the contractor could not reap the benefit of his own valuations becoming the sum due without having made absolutely clear to the employer the nature and purpose of each application.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘Two further significant provisions of the Serious Crime Act 2015 have been brought into force. First, on 10 November 2015, section 79 created section 40CB of the Prison Act 1952, which provides for an offence of throwing any article or substance into a prison without authorisation.’
Law Society’s Gazette, 22nd February 2016
Source: www.lawgazette.co.uk
‘In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers.’
Nearly Legal, 13th February 2016
Source: www.nearlylegal.co.uk
‘Ministers are changing legislation to give councils the power to extend trading hours in their local areas’
Daily Telegraph, 13th February 2016
Source: www.telegraph.co.uk
‘A leading barrister has described the issuing of a 24-hour sex notification order as “very odd” and “pretty silly”.’
The Independent, 24th January 2015
Source: www.independent.co.uk
‘A man has been banned from having sex unless he lets police know at least one day in advance.’
The Independent, 22nd January 2016
Source: www.independent.co.uk
In re BCA Pension Plan: [2015] EWHC 3492 (Ch); [2015] WLR (D) 502
‘Where the court made an order under section 48 of the Administration of Justice Act 1985 which directly related to the level of benefits that would be payable to members of a pension scheme, members should be told of the order unless there were compelling reasons to the contrary.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
‘City Link did not breach laws requiring them to notify the government that they were “proposing to dismiss” thousands of employees who were made redundant when the business became insolvent last year, a court has ruled.’
OUT-LAW.com, 16th November 2015
Source: www.out-law.com
‘Doctors, nurses, midwives and teachers are now legally required to report cases of female genital mutilation (FGM) to the police. Failure to do so will result in disciplinary measures and could ultimately lead to them being barred from working.’
BBC News, 31st October 2015
Source: www.bbc.co.uk
Supreme Court, 29th July 2015
‘Partner payment notices issued by the Revenue and Customs Commissioners under paragraph 3(3) of Schedule 32 to the Finance Act 2014 were not unlawful.’
WLR Daily, 31st July 2015
Source: www.iclr.co.uk
Wandsworth London Borough Council v Tompkins and another [2015] EWCA Civ 846; [2015] WLR (D) 357
‘Where a local housing authority provided accommodation under a tenancy pursuant to its duty under Part VII (Homelessness) of the Housing Act 1996, the requirement in paragraph 4 of Schedule 1 to the Housing Act 1985 which had to be satisfied in order for the tenancy to qualify as a secure tenancy (that the housing authority had to give notification that the tenancy “is to be regarded” as a secure tenancy), meant that the notification had to state that the tenancy was regarded as a secure tenancy at the date of grant and not at some unspecified date in the future.’
WLR Daily, 31st August 2015
Source: www.iclr.co.uk
‘An appeal by way of case stated to the High Court pursuant to section 111 of the Magistrates’ Courts Act 1980, rather than a challenge by way of judicial review, was generally the appropriate way in which to challenge a decision of a magistrates’ court dismissing an appeal under section 91E of the Sexual Offences Act 2003 against an unsuccessful review of an order requiring a sexual offender to comply with the notification requirements under the Act indefinitely.’
WLR Daily, 20th March 2015
Source: www.iclr.co.uk
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