Category: regulations

Bucknall v Dacorum Borough Council – Arden Chambers

Posted August 22nd, 2017 in housing, local government, news, notification, regulations, repossession by sally

‘The High Court has held that it is a question of fact whether accommodation occupied after the acceptance of a full housing duty under s.193(2), Housing Act 1996, but which was initially provided to the applicant under s.188, is a “dwelling” for the purposes of ss.3 and 5, Protection from Eviction Act 1977. In the present case, the appellant occupied the property as a dwelling and the notice to quit served on her was invalid because it did not contain the information prescribed by the Notices to Quit etc. (Prescribed Information) Regulations 1988 (SI 1988/2201).’

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Arden Chambers, 10th August 2017

Source: www.ardenchambers.com

Christopher Boxall discusses and explains ‘Excursions’ – Park Square Barristers

Posted August 22nd, 2017 in airlines, appeals, consumer protection, costs, EC law, news, regulations by sally

‘The case concerned a claim by over 600 Turkish passengers against two airlines for failing to honour flights that they had booked to Cyprus. Legal advice was obtained and a meeting with solicitors was arranged by a committee at a local community centre, where CFAs were signed.’

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Park Square Barristers, 7th August 2017

Source: www.parksquarebarristers.co.uk

The Supreme Court, ET fees and access to justice: Stopping the government in its tracks – Cloisters

Posted August 22nd, 2017 in appeals, employment tribunals, equality, fees, news, regulations, Supreme Court by sally

‘Caspar Glyn QC, Schona Jolly QC and Sian McKinley consider the implications of today’s seismic decision from the Supreme Court which ruled that ET fees are unlawful: R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.’

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Cloisters, 26th July 2017

Source: www.cloisters.com

Regulations broaden financial sanctions reporting obligation – OUT-LAW.com

Posted August 17th, 2017 in accountants, auditors, banking, company law, financial regulation, news, regulations, sanctions, whistleblowers by sally

‘New UK regulations have been published that significantly extend the duty to report financial sanctions breaches. Previously only banks, financial institutions, certain EEA credit institutions, and currency exchange businesses were obliged to report, but the duty now applies to a far broader range of professions and sectors.’

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OUT-LAW.com, 14th August 2017

Source: www.out-law.com

Grenfell Tower: Government dismisses conflict of interest concerns over chair of independent buildings review – The Independent

Posted August 10th, 2017 in conflict of interest, construction industry, fire, health & safety, news, regulations by sally

‘There is no “conflict of interest” over a former role held by the woman leading a probe into building regulations in the wake of the Grenfell disaster, the Government has said.’

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The Independent, 9th August 2017

Source: www.independent.co.uk

Building regulations to be reviewed after safety tests following Grenfell – The Guardian

Posted July 31st, 2017 in building law, construction industry, fire, government departments, health & safety, housing, inquiries, news, regulations by sally

‘The government has announced an independent review of building regulations after tests showed that at least 82 residential high-rises use a combination of insulation and cladding that does not meet fire safety standards.’

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The Guardian, 28th July 2017

Source: www.theguardian.com

New corporate criminal offences of failure to prevent tax evasion effective from 30 September – OUT-LAW.com

Posted July 13th, 2017 in company law, crime, news, partnerships, regulations, tax evasion by sally

‘Legislation that provides for new corporate criminal offences of failure to prevent tax evasion will have effect from 30 September this year, it has been confirmed.’

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OUT-LAW.com, 13th July 2017

Source: www.out-law.com

Grenfell Tower— a different perspective – New Law Journal

Posted July 10th, 2017 in building law, devolution, documents, environmental health, fire, health & safety, housing, local government, London, news, regulations, Wales by sally

‘Theo Huckle QC compares & contrasts the public safety policy agendas of administrations in Westminster & Wales.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Major boost for claimants with Court of Appeal QOCS ruling – Litigation Futures

Posted July 10th, 2017 in civil procedure rules, compensation, costs, insurance, interpretation, news, personal injuries, regulations, road traffic, third parties by sally

‘Qualified one-way costs shifting (QOCS) does apply for the benefit of a paralysed lorry driver who had his claim struck out against the Motor Insurance Bureau (MIB), the Court of Appeal has ruled, overturning the High Court.’

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Litigation Futures, 10th July 2017

Source: www.litigationfutures.com

Self-employed workers do not have the same rights as employees under EU law, confirms the Court of Appeal – Free Movement

Posted July 7th, 2017 in appeals, benefits, EC law, families, freedom of movement, immigration, news, regulations, school children, self-employment, statutory interpretation by sally

‘In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that self-employed individuals do not have the same rights as workers under EU law. The specific question in this case was whether a person with a child at school who had been self employed and ceased work might be entitled to claim Employment Support Allowance.’

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Free Movement, 2nd July 2017

Source: www.freemovement.org.uk

The Insolvency Rules 2016: an assault on red tape? – Hardwicke Chambers

Posted July 5th, 2017 in appeals, documents, insolvency, judges, jurisdiction, news, registrars, regulations, statute law revision by sally

‘The long-awaited overhaul of the Insolvency Rules 1986 (IR 1986) is now complete, and the Insolvency Rules 2016 (IR 2016) came into force on 6 April 2017. The journey to this point has not been without its difficulties and it would be fair to say that many had anticipated them being in force some time earlier. Perhaps unusually for provisions so overtly procedural in their nature, IR 2016 have also proved to be somewhat controversial.

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Hardwicke Chambers, 14th June 2017

Source: www.hardwicke.co.uk

UK takes ‘final legislative step’ needed to ratify the Unified Patent Court reforms – OUT-LAW.com

Posted June 28th, 2017 in courts, news, patents, privilege, regulations by sally

‘A piece of legislation that UK law makers must pass so that the country can ratify a new Unified Patent Court (UPC) system in Europe has been laid before parliament.’

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OUT-LAW.com, 26th June 2017

Source: www.out-law.com

“Real misery is being caused to no good purpose” – Nearly Legal

Posted June 26th, 2017 in benefits, children, class actions, families, government departments, human rights, judicial review, news, regulations, sex discrimination by sally

‘This was the judicial review of the ‘reduced’ benefit cap – £20,000 pa outside London, £23,000 in London, brought by claimants who were all single mothers with children, including children under two years old. The claim was on the basis that the regulations were discriminatory, either against women as the majority of single parents, or against the children, on the basis that single parents of children under two years old were not able to ‘escape’ the cap by obtaining 16 hours or more a week of employment.’

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Nearly Legal, 25th June 2017

Source: nearlylegal.co.uk

Passed on Thursday, in force today – new AML regulations thrust on profession – Legal Futures

Posted June 26th, 2017 in EC law, law firms, money laundering, news, regulations, Solicitors Regulation Authority by sally

‘Law firm compliance officers and money laundering reporting officers have been scrambling to get to grips with the biggest shake-up in anti-money laundering (AML) rules in a decade, with the final regulations – which were only published on Thursday – coming into force today.’

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Legal Futures, 26th June 2017

Source: www.legalfutures.co.uk

No bans on local authority disinvestment decisions – UK Human Rights Blog

Posted June 26th, 2017 in EC law, local government, ministers' powers and duties, news, pensions, regulations, sanctions, statutory interpretation by sally

‘Many people like to have a say over the investment policies of their pension funds. They may not want investment in fossil fuels, companies with questionable working practices, arms manufacturers, Israel or indeed any company which supports Israel’s occupation of the West Bank and Gaza Strip – to choose but a few of people’s current choices. And pension funds, left to their own devices, may wish to adopt one or more of these choices to reflect their pensioners’ views.’

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UK Human Rights Blog, 25th June 2017

Source: ukhumanrightsblog.com

Honesty, integrity and pleading / putting allegations – UK Police Law Blog

Posted June 23rd, 2017 in news, pleadings, police, professional conduct, regulations, solicitors, Solicitors Regulation Authority by sally

‘The debate on whether there is a difference between honesty and integrity continues apace in Rhys Williams v Solicitors Regulatory Authority [2017] EWHC 1478 (Admin). I expressed my opinion here that there was a material difference between the two and that the decision of Mostyn J in Malins v Solicitors Regulatory Authority [2017] EWHC 835 (Admin), that the two were synonymous, was not correct – at least for the purposes of the Police (Conduct) Regulations 2012. The Divisional Court (the President of the QBD presiding) has now similarly deprecated it.’

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UK Police Law Blog, 21st June 2017

Source: ukpolicelawblog.com

An unsatisfactory situation – Tanfield Chambers

Posted June 12th, 2017 in consultations, landlord & tenant, leases, local government, London, news, regulations, repairs, service charges, tribunals by sally

‘Since the Supreme Court turned the law of dispensation from the consultation requirements upside down in Daejan Investments Ltd v Benson [2013] UKSC 14; [2013] 2 EGLR 45, the Upper Tribunal has been troubled with very few cases involving the requirements to consult leaseholders on major works. However, the decision in Lessees of Foundling Court and O’Donnell Court v Camden London Borough Council and others [2016] UKUT 366 (LC); [2016] EGLR 59 has rewritten preconceptions as to who needs to be consulted and caused landlords some new headaches.’

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Tanfield Chambers, 12th June 2017

Source: www.tanfieldchambers.co.uk

Zimbabwean national unlawfully detained after Home Office fails to serve immigration decision – Free Movement

Posted June 7th, 2017 in asylum, damages, detention, government departments, immigration, judicial review, news, notification, regulations by sally

‘Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK before detaining him, rendering his detention unlawful. The case is R (on the application of) Godwin Chaparadza v Secretary of State for the Home Department [2017] EWHC 1209 (Admin).’

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Free Movement, 7th June 2017

Source: www.freemovement.org.uk

Court of Appeal dismisses challenge to rules on Adult Dependent Relatives – Free Movement

Posted May 30th, 2017 in appeals, elderly, families, immigration, news, regulations by sally

‘The Court of Appeal has dismissed the challenge brought by campaign group Britcits to the restrictive Immigration Rules on the admission to the UK of parents, grandparents and other adult dependent relatives. The case is BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368.’

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Free Movement, 30th May 2017

Source: www.freemovement.org.uk

UK law found to be more generous than EU law for jobseekers acquiring permanent residence – Free Movement

Posted May 22nd, 2017 in conflict of laws, EC law, immigration, news, regulations, statutory interpretation, tribunals by sally

‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’

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Free Movement, 22nd May 2017

Source: www.freemovement.org.uk