‘The Insolvency Rules 2016 (“the 2016 Rules”) were published and laid before parliament on 25 October 2016. The rules will come in to force on 6 April 2017. The following note summarises the key features of the rules.’
Hardwicke Chambers, 27th October 2016
Source: www.hardwicke.co.uk
‘A failure to comply with the Service Charge (Consultation Requirements) (England) Regulations 2003 (“the Regulations”) could be relevant to the reasonableness of the amount of service charge to be paid under section 19(2) of the Landlord and Tenant Act 1985. However, it is simply one factor to be considered. In the instant case, the non-compliance comprised including within the estimate the estimated cost of works not within the proposed works; the amount demanded would be reduced by excluding that ‘extra’ work.’
Tanfield Chambers, 10th October 2016
Source: www.tanfieldchambers.co.uk
Thum v Thum [2016] EWHC 2634 (Fam)
‘Having issued a divorce petition in the English courts on 26 October 2015 the wife made no attempt to serve the husband until, on 19 January 2016, she sent the papers to the relevant court office for service out of the jurisdiction. A typographical error contained within the details of the husband’s address caused effective service to be further delayed until 27 February 2016. The husband, having issued his own German divorce petition on 19 January 2016, applied to dismiss or stay the wife’s petition on the ground that she had failed “subsequently [to] take the steps required of her to effect service upon the respondent” in accordance with article 16 of Council Regulation (EC) No 2201/2003 (“Brussels II revised”).’
WLR Daily, 21st October 2016
Source: www.iclr.co.uk
‘In his preface to the latest Ninth Edition of Redgrave’s Health and Safety, just published, Jonathan Clarke asks certain questions and answers them with a non-answer “time will tell”. I do not accept that these are real questions, because it seems to me the answers are so obvious, that they hardly need to have been asked.’
Zenith PI Blog, 3rd November 2016
Source: www.zenithpi.wordpress.com
‘”Modernised and consolidated” insolvency rules, which will come into force in England and Wales on 7 April 2017, have just been published.’
OUT-LAW.com, 28th October 2016
Source: www.out-law.com
‘Ministers have launched a review of the gambling industry, including fixed odds betting terminals (FOBTs) that have been accused of being highly addictive.’
The Guardian, 24th October 2016
Source: www.guardian.co.uk
‘The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG about those with leave to remain granted under Appendix FM. Their eligibility for housing and homeless assistance is confirmed. A number of appeals have been stayed pending the regulations, which should now be resolved.’
Nearly Legal, 3rd October 2016
Source: www.nearlylegal.co.uk
‘Written Ministerial Statement made by the Parliamentary Under Secretary of State for Victims, Youth and Family Justice, Dr Phillip Lee.’
Ministry of Justice, 8th September 2016
Source: www.gov.uk/government/organisations/ministry-of-justice
‘UK data controllers are already grappling with the biggest change to EU protection in 20 years.’
Law Society’s Gazette, 5th September 2016
Source: www.lawgazette.co.uk
‘Drones are rapidly being seen as a feature of the near future, because of the dramatic rise in their private use in the UK.’
Halsbury’s Law Exchange, 5th September 2016
Source: www.halsburyslawexchange.co.uk
‘Drones are rapidly being seen as a feature of the near future, because of the dramatic rise in their private use in the UK.’
Counsel, September 2016
Source: www.counselmagazine.co.uk
‘There were more than 4,000 severe breaches of animal welfare regulations over the past two years at British slaughterhouses, according to data released by the government’s food watchdog under freedom of information laws.’
The Guardian, 28th August 2016
Source: www.guardian.co.uk
‘The Leave vote in the EU referendum presents several potential challenges for employers which are of far more immediate and practical importance than speculation about the future direction of employment law in a post-EU environment. An issue over which a considerable amount of ink has been spilled, both before and after the referendum. These challenges include how employers should best seek to manage employee uncertainty and anxiety about the possible impact of the Leave vote on their business; how economic uncertainty will affect recruitment policy, perhaps pushing employers towards more temporary and agency and less permanent recruitment; the impact on employers’ ability to attract and retain skilled staff from overseas of potential changes to immigration laws as part of Brexit; how to reduce the risks of increased disputes in the workplace based on differing views of the merits of Brexit; and ensuring that any relocations or restructurings that the changed climate necessitates are handled so as to minimise exposure to claims. As the UK proceeds with the process of extracting itself from the EU, the impact on free movement and immigration laws will also be crucial for many employers.’
OUP Blog, 30th August 2016
Source: www.blog.oup.com
‘Rule 13(1) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 (SI 2013/1169) provides that the Property Chamber of the First Tier Tribunal (FTT) may order costs(other than fees) in several limited circumstances. Of most interest to landlords, managing agents and others involved in FTT cases is r 13(1)(b), which provides for costs orders (in agricultural land and drainage, residential property or leasehold cases) “if a person has acted unreasonably in bringing, defending, or conducting proceedings”.’
Hardwicke Chambers, 5th August 2016
Source: www.hardwicke.co.uk
‘On 22 June 2016, the Upper Tribunal (Lands Chamber) gave judgment in three conjoined appeals concerning the proper interpretation of Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013; four members of Hardwicke appeared in the case. The appeals shared a number of facts: each arose out of a dispute over service charges payable under the lease of a flat; each concerned a dispute between a lessee and a tenant owned management company; and in each the award of costs was greater than the amount of service charge in issue in the proceedings.’
Hardwicke Chambers, 14th July 2016
Source: www.hardwicke.co.uk
‘Charity fundraisers who harass the elderly and shoppers in street will be “named and shamed” by a tougher new regulator to be launched today.’
Daily Telegraph, 7th July 2016
Source: www.telegraph.co.uk
‘Half of police officers facing gross misconduct investigations in the past two years resigned or retired before their cases were heard, figures show.’
The Guardian, 4th July 2016
Source: www.guardian.co.uk
‘Guidance and specimen policy documents to help quoted companies comply with new market abuse rules when dealing in shares have been published by the UK’s main trade bodies for governance professionals and general counsel.’
OUT-LAW.com, 29th June 2016
Source: www.out-law.com
‘People are avoiding regulation as immigration advisers by “purportedly acting as McKenzie Friends”, the Office of the Immigration Services Commissioner (OISC) has warned.’
Legal Futures, 8th June 2016
Source: www.legalfutures.co.uk
‘The ruling of the Supreme Court in JR55 raises a host of issues which deserve a much fuller analysis than can be developed in this post. The best reading of the case is that its impact is largely isolated to the Northern Ireland Commissioner for Complaints scheme involved, an ombudsman scheme which closed on 1st April as a result of the Public Services Ombudsman Act (Northern Ireland) 2016.’
UK Constitutional Law Association, 30th May 2016
Source: www.ukconstitutionallaw.org
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