Willpower & determination – New Law Journal

‘Paola Fudakowska & Henrietta Mason provide a wills & probate update.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

Charities may face criminal sanctions as ‘gagging law’ backdated before election – The Guardian

Posted May 22nd, 2017 in charities, elections, legislation, lobbying, news, retrospectivity, sanctions by tracey

‘UK charities face a permanent “chilling effect” on their campaigns after the Electoral Commission said they must declare any work that could be deemed political over the past 12 months to ensure they are not in breach of the Lobbying Act.’

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The Guardian, 21st May 2017

Source: www.guardian.co.uk

Collective Proceedings in the CAT: mobility scooters roll on for now – Competition Bulletin from Blackstone Chambers

‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’

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Competition Bulletin from Blackstone Chambers, 6th April 2017

Source: www.competitionbulletin.com

ECHR: not discriminatory to deny same-sex partner a survivor’s pension – OUT-LAW.com

‘Refusing to retrospectively re-write national laws to reflect the “evolving” legal recognition of same-sex couples is not discriminatory, the European Court of Human Rights (ECHR) has confirmed.’

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OUT-LAW.com, 20th June 2016

Source: www.out-law.com

Call to tighten UK’s new property law to crack down on ‘dirty money’ – The Guardian

Posted February 15th, 2016 in corruption, London, money laundering, news, retrospectivity, sale of land, trusts by sally

‘New laws that aim to stop the UK being a magnet for money launderers – by forcing the owners of properties to reveal their identities – should be applied retrospectively, leading anti-corruption organisations whose work has strongly influenced the government are saying.’

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The Guardian, 13th February 2016

Source: www.guardian.co.uk

Malayan killings families lose UK Supreme Court appeal – BBC News

‘Relatives of 24 rubber plantation workers killed by British troops almost 70 years ago in Malaya have lost an appeal for an official investigation.’

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BBC News, 25th November 2015

Source: www.bbc.co.uk

O’Brien v Shorrock and another – WLR Daily

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

Lawson Buildings Ltd and others v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 4th, 2015 in appeals, law reports, local government, planning, retrospectivity by sally

Lawson Buildings Ltd and others v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 122; [2015] WLR (D) 86

‘It was implicit in the terms of sections 73 and 73A of the Town and Country Planning Act 1990, as amended, that in an appropriate case a planning authority considering an application under section 73 for planning permission to proceed with a development without complying with conditions attached to an existing permission might grant, under section 73A, retrospective planning permission for a development already carried out, subject to conditions imposed under section 70. There might be some unusual circumstance that would require the inspector to forewarn the applicant that he was minded to act under section 73A.’

WLR Daily, 25th February 2015

Source: www.iclr.co.uk

Regina (Wingrove) v Stratford-on-Avon District Council – WLR Daily

Posted February 18th, 2015 in enforcement notices, law reports, local government, planning, retrospectivity by sally

Regina (Wingrove) v Stratford-on-Avon District Council [2015] EWHC 287 (Admin); [2015] WLR (D) 65

‘The wide discretionary power to refuse to determine a retrospective planning application for development subject to an enforcement notice under section 70C of the Town and Country Planning Act 1990 was intended to provide local planning authorities with a tool to prevent such applications being used to delay enforcement action being taken against development. An applicant’s motive to use a retrospective application to cause such delay would clearly be a consideration in favour of a decision to invoke that discretion.’

WLR Daily, 12th February 2015

Source: www.iclr.co.uk

Court rules on power to decline to determine retrospective planning applications – Local Government Lawyer

Posted February 13th, 2015 in enforcement notices, local government, news, planning, retrospectivity by tracey

‘The High Court has issued a ruling that clarifies the scope of a local authority’s power to decline to determine a retrospective planning application when an enforcement notice is in place. The case of Wingrove v Stratford on Avon District Council [2015] EWHC 287 (Admin) was the first time the ambit of s. 70C of the Town and Country Planning Act 1990 had been considered.’

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Local Government Lawyer, 12th February 2015

Source: www.localgovernmentlawyer.co.uk

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) – WLR Daily

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) [2014] UKSC 40; [2014] WLR (D) 291

‘Under the Water Industry Act 1991 sewerage undertakers were impliedly empowered to discharge surface water and other non-pollutant water into private watercourses to which they were already discharging at the time the Act came into force, but had no right to create new outfalls into such watercourses without the agreement of their owners.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk

Retrospective legislation that interfered with judicial ruling violated the Convention and the rule of law – UK Human Rights Blog

Posted July 9th, 2014 in human rights, judgments, legislation, news, retrospectivity by sally

‘The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.’

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UK Human Rights Blog, 8th July 2014

Source: www.ukhumanrightsblog.com

Landowner wins appeal over time limits for village green application – Local Government Lawyer

‘A landowner has defeated an attempt to register as a village green land it owns that was previously the site of a military camp, after the applicant only fulfilled the registration requirements months after the relevant time limit.’

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Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk

Court threat for couple for putting up Wendy house in garden – Daily Telegraph

Posted May 27th, 2014 in enforcement notices, news, planning, retrospectivity by sally

‘Couple told they must pay £170 to get planning permission for their childrens’ wendy house or face prosecution.’

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Daily Telegraph, 26th May 2014

Source: www.telegraph.co.uk

Basically, we are all… – NearlyLegal

‘Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world.’

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NearlyLegal, 4th March 2014

Source: www.nearlylegal.co.uk

Enigma codebreaker Alan Turing to receive posthumous pardon for homosexuality conviction – The Independent

Posted July 22nd, 2013 in bills, homosexuality, news, pardons, parliament, retrospectivity, sexual offences by sally

“The Government says it will not oppose a parliamentary bill that would quash the 1952 ‘gross indecency’ conviction.”

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The Independent, 20th July 2013

Source: www.independent.co.uk

High Court allows invalid Bushfield Camp Village Green application to be retrospectively corrected after the deadline for application – OUT-LAW.com

Posted July 15th, 2013 in commons, land registration, news, planning, retrospectivity, time limits by sally

“Landowners have failed to overturn an application to register a disused military camp in Hampshire as a village green, after High Court judges ruled that retrospective corrections to an invalid application, after the time limits for the application, were permitted.”

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OUT-LAW.com, 12th July 2013

Source: www.out-law.com

Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Gülbahce v Freie und Hansestadt Hamburg – WLR Daily

Posted November 12th, 2012 in cohabitation, EC law, law reports, migrant workers, retrospectivity by sally

Gülbahce v Freie und Hansestadt Hamburg (Case C-268/11); [2012] WLR (D) 313

“The first indent of article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council precluded the competent national authorities from withdrawing the residence permit of a Turkish worker with retroactive effect from the point in time at which there was no longer compliance with the ground on the basis of which his residence permit had been issued under national law if there was no question of fraudulent conduct on the part of that worker and that withdrawal occurred after the completion of the period of one year of legal employment provided for in the first indent of article 6(1).”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Mental health sectioning error – BBC News

Posted October 30th, 2012 in detention, doctors, legislation, mental health, news, retrospectivity by sally

“Health Secretary Jeremy Hunt says urgent retrospective legislation is needed to correct a ‘technical error’ affecting up to 5,000 patients sectioned under the Mental Health Act since 2002.”

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BBC News, 29th October 2012

Source: www.bbc.co.uk