Category: regulations

Lords veto powers ‘to be curtailed’ – BBC News

Posted December 17th, 2015 in constitutional reform, news, parliament, regulations, veto by sally

‘David Cameron is preparing to use the full force of the law to clip the wings of the House of Lords after it blocked his welfare cuts, the BBC has learned. A review will say peers should lose their absolute veto over detailed laws known as secondary legislation. Peers will instead be offered a new power to send these laws back to the Commons, forcing MPs to vote again – but will only be able to do this once.’

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BBC News, 16th December 2015

Source: www.bbc.co.uk

Tobacco firms challenge plain packaging rules – BBC News

Posted December 10th, 2015 in advertising, intellectual property, news, regulations, smoking, trade marks by sally

‘Four of the world’s biggest tobacco firms are to begin a legal challenge to the government’s new packaging rules.’

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BBC News, 10th December 2015

Source: www.bbc.co.uk

E-Privacy Goes Mobile – Panopticon

Posted December 3rd, 2015 in conspiracy, injunctions, internet, news, privacy, regulations, telecommunications by sally

‘Although most readers of this blog will be familiar, to some extent, with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”), they are a rarely sighted beast in the reported jurisprudence. Panopticon is aware of individual damages claims brought in the County Courts for small sums, but even they are few and far between.’

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Panopticon, 2nd December 2015

Source: www.panopticonblog.com

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) – WLR Daily

Posted November 30th, 2015 in domicile, law reports, legal aid, ministers' powers and duties, regulations, ultra vires by sally

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) [2015] EWCA Civ 1193; [2015] WLR (D) 480

‘The decision of the Lord Chancellor to propose by statutory instrument an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to impose a residence test for those otherwise eligible for civil legal aid under Part 1 of Schedule 1 to the Act was not unlawful or discriminatory.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

Gove poised to back call for less overbearing regulatory regime for ABSs – Legal Futures

Posted November 19th, 2015 in alternative business structures, barristers, legal services, Legal Services Board, lord chancellor, news, regulations, select committees by sally

‘Lord Chancellor Michael Gove indicated yesterday that he would support legislative changes to make it easier to approve and regulate alternative business structures (ABSs) while the scope of the wider review of the Legal Services Act 2007 is worked out.’

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Legal Futures, 19th November 2015

Source: www.legalfutures.co.uk

Meaning of “unduly harsh” in the Immigration Rules – Free Movement

Posted November 16th, 2015 in interpretation, news, regulations, tribunals by sally

‘A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words “unduly harsh” at paragraph 399 of the Immigration Rules.’

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Free Movement, 16th November 2015

Source: www.freemovement.org.uk

Immigration Rules changes – UK Visas and Immigration

Posted October 29th, 2015 in immigration, news, regulations, visas by sally

‘UK Visas and Immigration is making changes to the Immigration Rules affecting various categories.’

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UK Visas and Immigration, 29th October 2015

Source: www.gov.uk/government/organisations/uk-visas-and-immigration

Supreme Court upholds evidential flexibility policy – Free Movement

Posted October 19th, 2015 in evidence, immigration, interpretation, news, regulations by sally

‘The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular followers of the blog will be familiar with this policy, which was first published here on Free Movement courtesy of Jane Heybroek. This was in 2012, despite the policy being in operation since 2009. It was later also published to the Home Office website.’

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Free Movement, 19th October 2015

Source: www.freemovement.org.uk

UK court to rule on whether Uber breaches rules on taximeters – OUT-LAW.com

Posted October 8th, 2015 in competition, internet, news, regulations, taxis, telecommunications by sally

‘A UK court is to rule on whether Uber’s mobile app breaches taxi regulations.’

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OUT-LAW.com, 7th October 2015

Source: www.out-law.com

Some Guidance on Interpretation of the Effect of the Enterprise Act – Zenith PI Blog

Posted October 6th, 2015 in employment, health & safety, judgments, news, personal injuries, regulations by sally

‘Personal injury specialists have long awaited clear guidance on how the changes effected by Section 69 of the Enterprise and Regulatory Reform Act 2013 will be interpreted by the courts.’

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Zenith PI Blog, 2nd October 2015

Source: www.zenithpi.wordpress.com

UK e-cigarette firm fights EU vaping laws in European court – The Guardian

Posted October 1st, 2015 in EC law, health, news, regulations, smoking by sally

‘A British company is taking its challenge against EU proposals on e-cigarette production, sales and marketing to the European court of justice.’

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The Guardian, 1st October 2015

Source: www.guardian.co.uk

Judge criticises ‘chaotic’ rules on media coverage of divorce disputes – The Guardian

Posted September 29th, 2015 in divorce, injunctions, judges, media, news, regulations, reporting restrictions by sally

‘Regulations concerning media reporting of how divorcing couples divide up their disputed assets are chaotic, a senior family court judge has acknowledged.’

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The Guardian, 28th September 2015

Source: www.guardian.co.uk

When should a decision be remitted to a different decision-maker? – Competition Bulletin from Blackstone Chambers

Posted September 28th, 2015 in appeals, competition, health, hospitals, inquiries, news, regulations, tribunals by sally

‘The Court of Appeal’s answer to this question in HCA International Limited v CMA [2015] EWCA Civ 492 was, in effect: rarely. The judgment, which contains some serious criticism of the CMA even though it won the case, illustrates just how high the threshold is before a court will insist that a remitted decision should go to a new decision-maker. It is not enough for the original decision-maker to have made a mistake, however conspicuous. Rather, there needs to be a reasonable perception of unfairness or damage to public confidence in the regulatory process.’

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Competition Bulletin from Blackstone Chambers, 25th September 2015

Source: www.competitionbulletin.com

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening) (Nos 1 and 2) – WLR Daily

Posted September 8th, 2015 in appeals, employment tribunals, equality, Equality and Human Rights Commission, fees, law reports, regulations, trade unions by sally

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening)(Nos 1 and 2)[2015] EWCA Civ 935; [2015] WLR (D) 370

‘The Employment Tribunal and the Employment Appeal Tribunal Fees Order 2013 whereby fees were payable by a claimant or appellant on the commencement of a claim or an appeal and also in advance of the final hearing unless they were entitled to a remission on account of limited means was lawful and not discriminatory.’

WLR Daily, 26th August 2015

Source: www.iclr.co.uk

Civil Justice Council urges changes to boost use of damages-based agreements – Local Government Lawyer

Posted September 3rd, 2015 in agreements, Civil Justice Council, damages, news, regulations, reports by sally

‘A Civil Justice Council (CJC) report has made 45 recommendations aimed at boosting the uptake of Damages-Based Agreements (DBAs), which were a key part of the Jackson reforms but whose use has been limited.’

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Local Government Lawyer, 2nd September 2015

Source: www.localgovernmentlawyer.co.uk

Ofcom investigates Sky over complaints of ignored cancellation requests – The Guardian

Posted August 7th, 2015 in contracts, internet, media, news, regulations, telecommunications by sally

‘The broadcasting watchdog Ofcom is investigating Sky over concerns that customers’ attempts to cancel their contracts are being ignored.’

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The Guardian, 6th August 2015

Source: www.guardian.co.uk

Examining the new Criminal Procedure Rules 2015 – Halsbury’s Law Exchange

Posted August 5th, 2015 in amendments, criminal procedure, news, regulations by sally

‘How have the new Criminal Procedure Rules 2015 (Crim PR 2015) restated or amended previous legislation?’

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Halsbury’s Law Exchange, 5th August 2015

Source: www.halsburyslawexchange.co.uk

Regina (Giri) v Secretary of State for the Home Department – WLR Daily

Posted August 4th, 2015 in appeals, deceit, immigration, law reports, regulations by sally

Regina (Giri) v Secretary of State for the Home Department [2015] EWCA Civ 784; [2015] WLR (D) 341

‘On a claim for judicial review of a decision by the Secretary of State refusing to vary a foreign national’s leave to remain on the grounds of deception, the question of whether deception had been used was not a “precedent fact” to be determined by the court. Rather, the Secretary of State’s finding that deception had been used would be subject to review by the court on Wednesbury public law principles.’

WLR Daily, 28th July 2015

Source: www.iclr.co.uk

Regina (Child Soldiers International) v Secretary of State for Defence – WLR Daily

Posted August 4th, 2015 in age discrimination, armed forces, EC law, equality, law reports, news, regulations by sally

Regina (Child Soldiers International) v Secretary of State for Defence [2015] EWHC 2183 (Admin); [2015] WLR (D) 343

‘Article 3(4) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation gave member states an unqualified and unrestricted power not to apply the Directive to the armed forces, so that the terms of the Army Terms of Service Regulations 2007 were not incompatible with equal treatment under the Directive.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

Littlewood v Powys County Council – WLR Daily

Posted July 30th, 2015 in estate agents, law reports, local government, regulations by sally

Littlewood v Powys County Council [2015] EWHC 2125 (Admin); [2015] WLR (D) 336

‘For the purposes of Schedule 2 to the Estate Agents Act 1979, where the making of an order under section 3 of the Act prohibiting an unfit person from acting as an estate agent had been delegated to an adjudicator, it was that adjudicator who personally had to hear oral representations from the person affected. The local authority’s proposed procedure whereby the adjudicator, who was the actual decision-maker, only received an audio recording and verbatim transcript of the proceedings before an investigator did not comply with the requirements of the 1979 Act and was unlawful.’

WLR Daily, 23rd July 2015

Source: www.iclr.co.uk