ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required – Employment Law Blog

Posted November 28th, 2013 in appeals, defences, employment, news, regulations, transfer of undertakings by tracey

‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’

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Employment Law Blog, 27th November 2013

Source: www.employment11kbw.com

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

Posted November 26th, 2013 in appeals, immigration, judicial review, law reports, legislation, regulations, ultra vires by tracey

Regina (Ignaoua) v Secretary of State for the Home Department: [2013] EWCA Civ 1498; [2013] WLR (D) 451

‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Maletic and another v lastminute.com and another – WLR Daily

Maletic and another v lastminute.com and another (Case C-478/12); [2013] WLR (D) 444

“The concept of ‘other party to the contract’ laid down in article 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1)also covered the contracting partner of the operator with which the consumer concluded that contract and which had its registered office in the member state in which the consumer was domiciled.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Defamation law reforms to take effect from the start of 2014 – OUT-LAW.com

Posted November 21st, 2013 in defamation, defences, freedom of expression, legislation, news, publishing, regulations by sally

“Changes to UK defamation laws will come into force on 1 January 2014, the Justice Minister has announced.”

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OUT-LAW.com, 20th November 2013

Source: www.out-law.com

Government publishes list of planning regulations to be simplified – OUT-LAW.com

Posted October 31st, 2013 in news, planning, regulations by michael

“The Department for Communities and Local Government (DCLG) has published a list of planning regulations which will be improved or scrapped as part of its red tape challenge.”

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OUT-LAW.com, 30th October 2013

Source: www.out-law.com

The Relevance of Health and Safety Regulations After the Enterprise and Regulatory Reform Act 2013 – Zenith Chambers

“As a result of EERA 2013 there is no civil liability for breach of the Regulations made
under the Health and Safety at Work Act in accidents that occur on or after the 1st October 2013. However the Regulations remain in force. The key question for all practitioners is how far do they remain relevant to issues of civil liability?”

Full story (PDF)

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

Press regulation: The 10 major questions – BBC News

“The Royal Charter on press regulation is expected to be approved later. What are the major questions that have defined the debate?”

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BBC News, 30th October 2013

Source: www.bbc.co.uk

Revision of the PACE codes of practice A, B, C, E, F and H – CrimeLine

Posted October 22nd, 2013 in codes of practice, news, police, regulations by tracey

“Revision of the PACE codes of practice A, B, C, E, F and H.”

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CrimeLine, 21st October 2013

Source: www.www.crimeline.info

SRA responds to education review with ​‘bonfire of regulations’ – Law Society’s Gazette

Posted October 10th, 2013 in consultations, legal education, news, regulations, solicitors by tracey

“Radical reforms to open more diverse routes to becoming a solicitor, including through apprenticeships, are to be published by the Solicitors Regulation Authority.”

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Law Society’s Gazette, 8th October 2013

Source: www.lawgazette.co.uk

Deportation of foreign criminals: the new immigration rules are a “complete code” – UK Human Rights Blog

Posted October 10th, 2013 in appeals, deportation, human rights, immigration, news, regulations, tribunals by tracey

“MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192. In what circumstances can a foreign criminal resist deportation on the basis of his right to family life under Article 8 of the Convention? Until 2012 this question was governed entirely by judge-made case law. Then rules 398, 399 and 399A were introduced into the Immigration Rules HC 395.”

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UK Human Rights Blog, 9th October 2013

Source: www.ukhumanrightsblog.com

Who, what, why: What’s behind the idea of banning 10-packs of cigarettes? – BBC News

Posted October 9th, 2013 in EC law, news, regulations, sale of goods, smoking by sally

“Euro MPs have voted to ban the sale of packs of 10 cigarettes as part of a general tightening of the law. Why?”

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BBC News, 8th October 2013

Source: www.bbc.co.uk

Bedroom Tax – Exciting but steady on…! – Hardwicke Chambers

Posted October 8th, 2013 in appeals, benefits, housing, news, regulations, social security by sally

“I was fortunate at the end of September in two respects when delivering seminars on the subject of welfare reform; firstly I had been allocated the primary subject of the bedroom tax to talk upon, and secondly I was able to report and expand on exciting news that was breaking in this field.”

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Hardwicke Chambers, 2nd October 2013

Source: www.hardwicke.co.uk

Marriage (Same Sex Couples) Act 2013 – Shared Buildings Regulations – Ministry of Justice

Posted October 4th, 2013 in homosexuality, marriage, news, regulations by sally

“The Consultation seeks views on draft Regulations which provide arrangements for the registration of shared religious buildings to solemnize marriages of same sex couples.”

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Ministry of Justice, 3rd October 2013

Source: www.consult.justice.gov.uk

United Kingdom v Council of the European Union – WLR Daily

Posted October 1st, 2013 in EC law, freedom of movement, law reports, regulations, social security, treaties by sally

United Kingdom v Council of the European Union (Case C-431/11); [2013] WLR (D) 357

“By adopting Council Decision 2011/407/EU, on the position to be taken by the European Union within the EEA Joint Committee concerning an amendment to Annex VI (social security) and Protocol 37 to the EEA Agreement, the Council of the European Union had ensured that free movement of persons was exercisable within the EEA under the same social conditions as within the Union, thereby supporting the development of the association established by the EEA Agreement between the European Union and the EFTA states and the realisation of the objectives pursued by the Agreement.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Immigration Rule changes – UK Border Agency

Posted October 1st, 2013 in immigration, news, regulations by sally

“As previously announced a number of changes to the Immigration Rules come into effect today, Tuesday 1 October 2013.”

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UK Border Agency, 30th September 2013

Source: www.ukba.homeoffice.gov.uk

Press regulation debate nears final reckoning – The Guardian

Posted September 30th, 2013 in codes of practice, interception, media, news, Privy Council, regulations by sally

“The marathon battle to introduce a new system of press regulation will come to a head on 9 October when the privy council is due to decide whether to seal a royal charter enshrining the industry’s preferred system of self-regulation.”

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The Guardian, 27th September 2013

Source: www.guardian.co.uk

Reforming the law on level crossings – Law Commission

Posted September 25th, 2013 in health & safety, Law Commission, news, railways, regulations, reports by sally

“The Law Commission for England and Wales and the Scottish Law Commission have published a joint report on the law governing level crossings.”

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Law Commission, 25th September 2013

Source: www.lawcommission.justice.gov.uk

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

Posted September 20th, 2013 in human rights, law reports, notification, privacy, regulations, sexual offences by sally

Regina (Prothero) v Secretary of State for the Home Department [2013] EWHC 2830 (Admin); [2013] WLR (D) 350

“Regulation 12 of the Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012 which required a person on the sex offenders register to provide details of bank, debit or credit card accounts held by him, was not incompatible with his rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 18th September 2013

Source: www.iclr.co.uk

Government To Retain SPC – No. 5 Chambers

Posted September 19th, 2013 in consultations, news, regulations, transfer of undertakings by sally

“The Government has decided not repeal the TUPE rules on service provision change. Anthony Korn summarises the Government’s response to the Consultation document published earlier this year.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

Agency Worker Regulations – Watch This Space – No. 5 Chambers

Posted September 19th, 2013 in contract of employment, employment, news, regulations, trade unions by sally

“Russell Holland looks at the recent concerns raised by the TUC in relation to the Agency Worker Regulations.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com