Category: regulations

Adjudication in UK Construction Contracts: A Critical Look – 39 Essex Chambers

Posted April 2nd, 2015 in construction industry, contracts, dispute resolution, human rights, news, regulations by sally

‘This brief paper arises out of a 39 Essex Chambers seminar on the 19 March 2015. The title of the Seminar was “Adjudication Enforcement: Time for a Change?”. The seminar comprised two debates. The first debate considered the strengths and weaknesses of adjudication as it stands at the moment. The second debate looked afresh at the Human Rights Act and asked whether or not it might yet impact adjudication. Each debate has a short introduction. This paper is an amalgam of the two introductions.’

Full story (PDF)

39 Essex Chambers, 2nd April 2015

Source: www.39essex.com

Certainty for landlords as commercial property energy efficiency regulations receive parliamentary approval – OUT-LAW.com

Posted April 2nd, 2015 in energy, landlord & tenant, news, regulations by sally

‘New energy efficiency standards for privately-let commercial property in England will come into force on 1 April 2018, after the UK parliament passed regulations in one of its final sessions ahead of May’s general election.’

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OUT-LAW.com, 30th March 2015

Source: www.out-law.com

In re International Game Technology plc and another – WLR Daily

Posted March 31st, 2015 in company law, law reports, mergers, regulations by sally

In re International Game Technology plc and another [2015] EWHC 717 (Ch); [2015] WLR (D) 148

‘The court had jurisdiction under regulation 16 of the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974) to make an order approving a cross-border merger subject to conditions and that conditionality was merely a factor for the court to take into account in exercising its discretion unless the court was satisfied that a conditional order would be futile.’

WLR Daily, 19th March 2015

Source: www.iclr.co.uk

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd – WLR Daily

Posted March 31st, 2015 in appeals, company law, landlord & tenant, law reports, regulations by sally

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd [2015] EWCA Civ 282; [2015] WLR (D) 147

‘Pursuant to section 72 of the Commonhold and Leasehold Reform Act 2002, a right to manage company could not acquire the right to manage more than one self-contained building or part of a building.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

Is the defendant worth suing? – Hardwicke Chambers

Posted March 31st, 2015 in civil procedure rules, costs, insurance, negligence, news, regulations by sally

‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

The New FA Football Intermediaries Regulations and the Disputes Likely to Arise – Blackstone Chambers

Posted March 30th, 2015 in agency, conflict of interest, disclosure, news, regulations, sport by sally

‘The FA Regulations on working with Intermediaries (‘FA Intermediaries Regulations’) come into force on 1 April 2015. They put into force FIFA’s Intermediaries Regulations, with some important variations and, with them, apparently signal the abolition of the licensed football agent.’

Full story (PDF)

Blackstone Chambers, 27th March 2015

Source: www.blackstonechambers.com

ITV plc and others v Pensions Regulator and another – WLR Daily

Posted March 30th, 2015 in appeals, law reports, pensions, regulations, tribunals by sally

ITV plc and others v Pensions Regulator and another [2015] EWCA Civ 228; [2015] WLR (D) 139

‘The Upper Tribunal had a discretion to allow the Pensions Regulator to raise new allegations on a reference which were not contained in a warning notice issued pursuant to section 96 of the Pensions Act 2004. The discretion should be exercised based on a consideration of all the relevant factors in the case, weighing up all the facts and circumstances, and not just the narrow question whether the Pensions Regulator had good reason for seeking to enlarge its case.’

WLR Daily, 24th March 2015

Source: www.iclr.co.uk

Herbal doctors will not be regulated, despite pleas from Prince Charles – Daily Telegraph

Posted March 30th, 2015 in charities, health, medical treatment, news, regulations, royal family by sally

‘Despite lobbying from Prince Charles, health officials have decided there is not enough evidence herbal medicines work to justify regulating the ancient practices.’

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Daily Telegraph, 27th March 2015

Source: www.telegraph.co.uk

Care Quality Commission scraps ‘judgmental’ GP practice bandings – The Guardian

Posted March 30th, 2015 in doctors, health, news, regulations by sally

‘The NHS regulator has abandoned its system of bandings for GP practices, after criticism from doctors’ representatives.’

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The Guardian, 27th March 2015

Source: www.guardian.co.uk

R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) – Supreme Court

Posted March 26th, 2015 in appeals, law reports, local government, regulations, rights of way, Supreme Court by sally

R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) [2015] UKSC 18 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) – Supreme Court

Posted March 26th, 2015 in appeals, benefits, human rights, law reports, regulations, sex discrimination, social security, Supreme Court by sally

R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Businesses line up to be regulated by Bar Standards Board – Legal Futures

Posted March 25th, 2015 in barristers, indemnities, insurance, news, regulations by sally

‘Sixteen businesses have so far completed their applications to be regulated by the Bar Standards Board (BSB), it has emerged.’

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Legal Futures, 25th March 2015

Source: www.legalfutures.co.uk

Regulator confirms minimum insurance terms for entities – Bar Standards Board

Posted March 25th, 2015 in alternative business structures, barristers, indemnities, insurance, news, regulations by sally

‘The Bar Standards Board (BSB) has today [24 March] published the minimum terms of the professional indemnity insurance it expects BSB-regulated businesses (“entities”) to have in place.’

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Bar Standards Board, 24th March 2015

Source: www.barstandardsboard.org.uk

Schedule 1 – Child Maintenance – Tanfield Chambers

Posted March 19th, 2015 in child support, news, periodical payments, regulations by sally

‘S 8 of the Child Support Act 1991 (CSA 1991) circumscribes the role of the courts in deciding child maintenance. This act trumps the provisions in the MCA 1973 and Children Act 1989 s 15 / Schedule l save in certain circumstances (e.g. where an existing maintenance order has been made less than one year earlier – s 4 (10) (aa) CSA 1991). The combined effect of s10 CSA 1991 and § 3 (1) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (SI 1992/2645) is that from the effective date of a maintenance calculation made pursuant to CSA 1991, any existing court order ceases to have effect.’

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Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk

Varying a Foreign Maintenance Order Post the Maintenance Regulation – Family Law Week

Posted March 19th, 2015 in divorce, EC law, financial provision, news, regulations by sally

‘James Roberts, barrister of 1 King’s Bench Walk, and Catherine Silwal , Senior Solicitor with KJ Smith Solicitors, analyse the law relating to variation of foreign maintenance orders and the effect of the EU Maintenance Regulation (Council Regulation (EC) No 4/2009).’

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Family Law Week, 17th March 2015

Source: www.familylawweek.co.uk

Fire safety – a hot topic! – Park Square Barristers

Posted March 19th, 2015 in appeals, fire, health & safety, news, regulations by sally

‘A recent case on the issue of fire safety — or, more exactly, the provisions of the Regulatory Reform (Fire Safety) Order 2005 — has proved both interesting and instructive on the desirability and necessity of precision when drafting an indictment for proceedings brought before the Crown Court.’

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Park Square Barristers, 4th MArch 2015

Source: www.parksquarebarristers.co.uk

European Commission fines broker in Libor cartel case – Zenith Chambers

Posted March 18th, 2015 in competition, EC law, fines, interest, news, penalties, regulations by sally

‘The European Commission announced on 4 February that it fined the UK broker ICAP EUR 14.9 million for its role in allegedly facilitating cartel activity that manipulated the yen Libor interest rate.’

Full story (PDF)

Zenith Chambers, 6th February 2015

Source: www.zenithchambers.co.uk

RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

Regina (Ben Hoare Bell Solicitors) and others v Lord Chancellor – WLR Daily

Posted March 17th, 2015 in judicial review, law firms, law reports, legal aid, regulations, ultra vires by sally

Regina (Ben Hoare Bell Solicitors) and others v Lord Chancellor [2015] EWHC 523 (Admin); [2015] WLR (D) 114

‘The scope of regulation 5A of the Civil Legal Aid (Remuneration) (Amendment) (No 3) Regulations 2014 extended beyond the circumstances which could be seen as rationally connected to the stated purpose given for its introduction, making it inconsistent with the purposes of the statutory scheme contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’

WLR Daily, 3rd March 2015

Source: www.iclr.co.uk

LSB going back to “first principles” as it mulls how to replace Legal Services Act – Legal Futures

Posted March 11th, 2015 in Legal Services Board, news, regulations by sally

‘The Legal Services Board (LSB) is returning to “first principles” as work begins to consider whether the Legal Services Act 2007 should be replaced, its chairman said today.’

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Legal Futures, 11th March 2015

Source: www.legalfutures.co.uk