Current Awareness – Page 1806 – Legal News selected by the Inner Temple Library

The Consumer Rights Act 2015: New rules for digital content – Henderson Chambers

Posted October 7th, 2015 in consumer protection, contracts, electronic commerce, news, sale of goods by sally

‘The bulk of existing consumer rights legislation was enacted before the rise of the internet. Accordingly, it is hardly surprising that it is silent in relation to defective digital products. As the law stands, the legal status of digital content, particularly whether it can amount to “goods” within the meaning of the Sale of Goods Act 1979, is unclear. With the advent of theConsumer Rights Act 2015 this will all change – the Act introduces a new category of sales contract, namely contracts between a trader and consumer in relation to ‘digital content’ (as distinct from goods or services). The rights and remedies for digital content are found in Part 3 of the Act.’

Henderson Chambers, 10th September 2015

Source: www.hendersonchambers.co.uk

Record number of complaints against police in England and Wales – The Guardian

Posted October 7th, 2015 in complaints, news, police, statistics by sally

‘The police watchdog has warned that public satisfaction with the police continues to fall as fresh figures revealed a record number of complaints against forces in England and Wales last year.’

The Guardian, 7th October 2015

Source: www.guardian.co.uk

The Consumer Rights Act 2015: Financial Services & Consumer Credit – Henderson Chambers

Posted October 7th, 2015 in consumer credit, consumer protection, contracts, enforcement, news by sally

‘The Consumer Rights Act 2015 comes into force on 1 October 2015. In anticipation, Henderson Chambers is publishing a series of Alerters reviewing the key provisions. In this final article in the series, Rachel Tandy considers the impact of the legislation on the financial services sector.’

Henderson Chambers, 28th September 2015

Source: www.hendersonchambers.co.uk

Section 45 Arbitration Act 1996: a little known but useful tool – Hardwicke Chambers

Posted October 7th, 2015 in appeals, arbitration, jurisdiction, news by sally

‘This article examines the procedure under section 45 of the Arbitration Act 1996 for referring a preliminary question of law arising in arbitral proceedings to the Court. It also touches on some of the specific issues raised by the questions of law referred to the Court in Secretary of State for Defence v Turner Estate Solutions Limited [2015] EWHC 1150 (TCC).’

Hardwicke Chambers, 8th September 2015

Source: www.hardwicke.co.uk

Charity and Political Lobbying – Cloisters

Posted October 7th, 2015 in charities, elections, lobbying, news by sally

‘In England and Wales an organisation must satisfy the definition of charity under the Charities Act 2011 and must be established for charitable purposes only and subject to the control of the High Court in the exercise of its jurisdiction with respect to charities. There is a list of charitable purposes, which include matters such as the promotion of human rights, but it includes any purposes that may reasonably be regarded as analogous to, or within the spirit of, any of the purposes expressly set out in the Act. All charitable purposes must be for the public benefit.’

Cloisters, 28th September 2015

Source: www.cloisters.com

Ruvi Ziegler: The ‘Brexit’ Referendum: We Need to Talk about the (General Election) Franchise – UK Constitutional Law Association

Posted October 7th, 2015 in bills, brexit, constitutional law, EC law, elections, news, referendums by sally

‘In its 27 May 2015 Queen’s speech, the Conservative government announced that ‘early legislation will be introduced to provide for an in/out referendum’. The following day, it introduced the European Union Referendum Bill, which passed its third reading in the House of Commons on 7 September 2015 (by 316 votes to 53). The second reading in the House of Lords is scheduled for 13 October 2015. Following the recommendation of the Electoral Commission, the initially proposed question: ‘Should the UK remain a member of the European Union?’ was replaced with an arguably more neutral question: ‘should the UK remain a member of the European Union or leave the European Union’.’

UK Constitutional Law Association, 7th October 2015

Source: www.ukconstitutionallaw.org

Is it Getting Chilly in Here? – Panopticon

Posted October 7th, 2015 in benefits, freedom of information, news, tribunals by sally

‘It has been an admirable trend of Tribunals in FOIA cases over the last few years that they have been increasingly sceptical of assertions on the part of public authorities that disclosure will provide chilling effects on their activities. An inevitable pattern forms of an insistence that the sky will fall in if information is released, information is released (or leaked), and the sky appears not to fall in. Government grinds on. But Judge Jacobs has provided a little more comfort for such arguments in DWP v Information Commissioner, Slater & Collins [2015] UKUT 535 (AAC). The case related to various risk register documents related to Universal Credit.’

Panopticon, 7th October 2015

Source: www.panopticonblog.com

UK’s discriminatory migrant residence tests are legal – preliminary EU ruling – The Guardian

Posted October 7th, 2015 in benefits, domicile, EC law, immigration, news by sally

‘The practice of discriminating against EU migrants in the UK by subjecting them to a residence test for benefit payments is legal, according to a preliminary European court ruling.’

The Guardian, 6th October 2015

Source: www.guardian.co.uk

Getting Paid For Sleeping On The Job – The National Minimum Wage – No. 5 Chambers

Posted October 7th, 2015 in contract of employment, minimum wage, news, remuneration by sally

‘In certain occupations, it is common for the employment contract to require the employee to sleep overnight at the place of employment some or all nights of the week and to be “on call” should any incidents arise. Typically those occupations attract low wages and include care workers, supervisors at boarding schools and porters in residential blocks of flats. If the employee is entitled to be paid for all the hours whilst they are present at the workplace, even when they are asleep, and not just those hours when they are attending incidents, then their average wage may fall below the National Minimum Wage [“NMW”]. What, then, is the test to be applied to whether hours spent asleep are to be taken into account?’

No. 5 Chambers, 30th September 2015

Source: www.no5.com

Putting the cab into the cab-rank rule: BSB fines barrister over taxi firm conviction – Legal Futures

Posted October 7th, 2015 in barristers, company directors, fines, licensing, news, professional conduct, taxis by sally

‘A barrister convicted by a magistrates’ court of failing to get licenses for his taxi firm has been fined £600 by the Bar Standards Board (BSB).’

Legal Futures, 7th October 2015

Source: www.legalfutures.co.uk

Trumping the Trump – or how to meet a claim to privilege following discontinuance in a fundamental dishonesty claim – Park Square Barristers

Posted October 7th, 2015 in disclosure, evidence, fundamental dishonesty, news, personal injuries, privilege by sally

‘It is common practice for an unscrupulous claimant, to run a doubtful personal injury claim to the door of the court, hoping to force a settlement, and then, at the last minute, to discontinue, in order to avoid the risk of failure, a finding of fundamental dishonesty and a costs liability.’

Park Square Barrister, 18th September 2015

Source: www.parksquarebarristers.co.uk

LSB: criminal advocacy reforms “should not be designed around” any particular group of lawyers – Legal Futures

Posted October 7th, 2015 in advocacy, barristers, criminal justice, news, quality assurance, solicitors by sally

‘It is important that government plans to enhance the quality of criminal defence advocacy in publicly funded cases “should not be designed around one particular professional group”, the Legal Services Board (LSB) has warned.’

Legal Futures, 7th October 2015

Source: www.legalfutures.co.uk

Becky Watts murder: potential jurors told not to research case – The Guardian

Posted October 7th, 2015 in contempt of court, internet, juries, murder, news by sally

‘Potential jurors in the Becky Watts murder trial have been warned they could face imprisonment if they research the case or discuss it with other people.’

The Guardian, 6th October 2015

Source: www.guardian.co.uk

Dust settles on new UK antitrust litigation regime – Zenith Chambers

Posted October 7th, 2015 in class actions, competition, consumer protection, news, tribunals by sally

‘With the Consumer Rights Act 2015 competition law provisions coming into effect on 1 October it is time to reflect on what the reforms, including the new opt-out collective actions regime and enhanced role for the Competition Appeal Tribunal (CAT), will mean in practice.’

Zenith Chambers, 5th October 2015

Source: www.zenithchambers.co.uk

Francis Andrade suicide prompts CPS rape victim support pilot – BBC News

Posted October 7th, 2015 in news, pilot schemes, rape, suicide, victims, witnesses by sally

‘High-profile rape cases like that involving a violinist who took her own life after giving evidence against her abuser have prompted major changes in the way victims are treated in court.’

BBC News, 7th October 2015

Source: www.bbc.co.uk

Time Limits in Commercial Contracts – Ignore Them at Your Peril! – No. 5 Chambers

Posted October 7th, 2015 in contracts, news, sport, time limits by sally

‘The recent media storm concerning the collapse of Manchester United’s transfer deal for its goalkeeper David de Gea apparently as a result of a two minutes delay in submitting the requisite paperwork caused me reflect on the potential effects of missing deadlines in commercial contracts. Man U’s problem did not, of course, arise from any term in the transfer agreement itself, but rather from its failure to register the player into the new club through FIFA in accordance with the FIFA Regulations on the Status and Transfer of Players, which postulate a strictly prescribed “registration period” or transfer window in media parlance.’

No. 5 Chambers, 11th September 2015

Source: www.no5.com

Jurors and jail: How to avoid going from one to the other, and trying to keep your Ipad in between… – Park Square Barristers

Posted October 7th, 2015 in contempt of court, internet, juries, news by sally

‘You’re called up for jury duty. You’re excited, nervous, curious. You wonder what case you might get, if there will be a celebrity involved. You probably don’t consider whether you’ll end up in prison at the end of your service.’

Park Square Barristers, 4th October 2015

Source: www.parksquarebarristers.co.uk

Planning Policy Under the New Government – a briefing – Six Pump Court

Posted October 6th, 2015 in housing, local government, news, planning by sally

‘At a Westminster Briefing event entitled ‘Planning Policy under the new Government’ on 29th September, William Upton outlined the planning reforms currently underway and the direction of the new government’s planning policy.’

Six Pump Court, 6th October 2015

Source: www.www.6pumpcourt.co.uk

Man whose father strangled mother given life sentence for murdering pensioner – The Guardian

Posted October 6th, 2015 in mental health, murder, news, sentencing, violent offenders by sally

‘A man whose father strangled his mother to death when he was a child has been ordered to serve at least 25 and a half years of a life sentence for battering a pensioner to death.’

The Guardian, 6th October 2015

Source: www.guardian.co.uk

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