Environmental and Planning Newsletter – Thirty Nine Essex Street
Environmental and Planning Newsletter (PDF)
Thirty Nine Essex Street, July 2012
Source: www.39essex.com
Now in force: the offence of “causing or allowing serious physical harm to a child or vulnerable adult” – Zenith Chambers
“As of the 2nd July 2012 the offence of ‘causing or allowing serious physical harm to a child or vulnerable adult’ came into force.”
Full story (PDF)
Zenith Chambers, 16th July 2012
Source: www.zenithchambers.co.uk
Community support officer jailed for issuing bogus fines to cyclists – The Independent
“An award-winning police community support officer was jailed for six months yesterday for issuing hundred of false fixed penalty notices.”
The Independent, 17th July 2012
Source: www.independent.co.uk
Regulate will-writing to avoid ‘race to the bottom’, Society urges – Law Society’s Gazette
“The Law Society today backed plans to extend the list of reserved activities to include will-writing and estate administration.”
Law Society’s Gazette, 16th July 2012
Source: www.lawgazette.co.uk
Man appeals against ban on replying to children – The Independent
“A father-of-four has criticised an ‘absurd’ court order that bans him from returning his children’s text messages or phone calls.”
The Independent, 17th July 2012
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Consular Fees (Amendment) Order 2012
The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012
The Immigration (Jersey) Order 2012
The Poole Harbour Revision Order 2012
The Jurors’ Allowances (Amendment) Regulations 2012
The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2012
The Criminal Procedure Rules 2012
The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012
The Academies (Land Transfer Schemes) Regulations 2012
The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2012
The Tax Avoidance Schemes (Information) Regulations 2012
Source: www.legislation.gov.uk
Children in custody at five-year low – Law Society’s Gazette
“The number of children in custody has hit a record low five years after the start of a programme designed to limit the use of prison, according to statistics released by the Ministry of Justice today.”
Law Society’s Gazette, 16th July 2012
Source: www.lawgazette.co.uk
Discharging leasehold covenants – NearlyLegal
“Restrictive covenants are, in broad terms, contractual restrictions imposed on the current user/owner of land, often imposed by a former owner of the same land (e.g. Mr A sells a field to Mr B, but includes a covenant preventing Mr B from building flats on it). These covenants can, clearly, become onerous or otherwise unnecessary with the passage of time. The Upper Tribunal (Lands Chamber) has a discretionary power (s.84, Law of Property Act 1925) to modify or discharge these covenants in certain circumstances. The most common ground is s.84(1)(aa), which applies if the removal of the covenant would support a reasonable use of the land and any inconvenience can be met by a payment of money.”
NearlyLegal, 17th July 2012
Source: www.nearlylegal.co.uk
Court order prevents BBC from broadcasting film about riots – The Guardian
“The BBC has pulled a film about the experiences of rioters during last summer’s disturbances just hours before it was due to be broadcast after a ruling from a judge. The film, due to be broadcast on BBC2 at 9pm on Monday, was a dramatisation based on the testimony of interviews conducted for the Guardian and London School of Economics research into the disorder.”
The Guardian, 16th July 2012
Source: www.guardian.co.uk
Father jailed for killing eight years after injuring baby – BBC News
“A father has been jailed for two years for killing his daughter, who died nearly eight years after being injured as a baby.”
BBC News, 16th July 2012
Source: www.bbc.co.uk
Anglo American: a right to sue in the UK as well as in South Africa? – UK Human Rights Blog
“Back to the problem of when and where you can sue various members of a group of companies. In the Cape case (for which see my post), a parent company was held liable for failing to ensure that its subsidiary properly managed the risks posed by asbestos. In this case of Vava, the claimants wanted to sue a South African registered holding company (AASA) in the UK, on the basis that the real decisions were taken in the UK, and hence AASA were domiciled in the UK for purposes of suing them.”
UK Human Rights Blog, 16th June 2012
Source: www.ukhumanrightsblog.com
Command Papers – official-documents.gov.uk
Recent Statutory Instruments – legislation.gov.uk
The Local Authorities (Armorial Bearings) Order 2012
The Coroners and Justice Act 2009 (Commencement No. 9) Order 2012
The Oxfordshire (Electoral Changes) Order 2012
The Product Safety (Revocation) Regulations 2012
The Indication of Prices (Beds) (Revocation) Order 2012
The Housing (Right to Manage) (England) Regulations 2012
The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2012
The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2012
The Further Education Loans Regulations 2012
The Costs in Criminal Cases (General) (Amendment) Regulations 2012
The Coroners and Justice Act 2009 (Commencement No. 9) Order 2012
The Local Authorities (Armorial Bearings) Order 2012
Source: www.legislation.gov.uk
Government outlines plans for better IT use in courts system – OUT-LAW.com
“The Government has outlined plans for improving the technology used by police and the courts system to make judicial processes faster and more efficient. The Ministry of Justice (MoJ) said that past investments cost too much and under-performed.”
OUT-LAW.com, 16th July 2012
Source: www.out-law.com
Chilcot report into Iraq delayed by Whitehall refusal to release evidence – The Guardian
“Fierce opposition in Whitehall to the disclosure of key documents relating to the invasion of Iraq, notably records of discussions between Tony Blair and George Bush, has meant the Chilcot inquiry will not now be able to publish its report for well over a year.”
The Guardian, 16th July 2012
Source: www.guardian.co.uk
Command Papers – official-documents.gov.uk
E v English Province of Our Lady of Charity and another – WLR Daily
E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204
“In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by reference to several tests, looking, inter alia, to whether the applicable status was akin to employment, and whether it would be just and fair to impose vicarious liability.”
WLR Daily, 12th July 2012
Source: www.iclr.co.uk
Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein – WLR Daily
“Article 28EC of the EC Treaty on the free movement of goods, applied to standardisation and certification activities of a private law body, where the products certified by that body were considered by national legislation to be compliant with national law and where that restricted the marketing of products which were not certified by that body.”
WLR Daily, 12th July 2012
Source: www.iclr.co.uk
Compass-Datenbank GmbH v Republik Österreich – WLR Daily
Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202
“A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that activity, as an “undertaking” within the meaning of article 102FEU of the FEU Treaty.”
WLR Daily, 12th July 2012
Source: www.iclr.co.uk
Keay and another v Morris Homes (West Midlands) Ltd – WLR Daily
Keay and another v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] WLR (D) 201
“The proposition that a void contract could, by acts in the nature of part performance, mature into a valid one was contrary to principle and wrong.”
WLR Daily, 11th July 2012
Source: www.iclr.co.uk
