Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage – Cloisters

Posted May 16th, 2017 in appeals, employment, employment tribunals, minimum wage, news by sally

‘Anna Beale considers the most recent guidance from the EAT on the vexed question of whether workers should receive the minimum wage for “sleep in” shifts.’

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Cloisters, 27th April 2017

Source: www.cloisters.com

Self-reporting of data breaches in the UK on the rise, where risk of fine is below 1% – OUT-LAW.com

Posted May 16th, 2017 in data protection, fines, health, news, telecommunications by sally

‘Organisations face being fined in less than 1% of data breach cases self-reported to the UK’s data protection watchdog, according to new figures.’

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OUT-LAW.com, 15th May 2017

Source: www.out-law.com

The Role in of Section.10a (s.10a)in Confiscation Order Enforcements – A Useful Tool for Local Authorities to get it Right First Time – Drystone Chambers

Posted May 16th, 2017 in confiscation, enforcement, local government, news, third parties by sally

‘On the 1st June 2015, the Serous Crime Act 2015 enacted section 10a of POCA 2002. The section is designed to allow Crown Courts to make a determination on third party rights at the confiscation hearing rather than leaving the decision to the enforcement hearing in the Magistrates Court or in another forum such as in the family courts.’

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Drystone Chambers, 15th May 2017

Source: www.drystone.com

Debt fears grow as county court judgments soar by 35% – The Guardian

Posted May 16th, 2017 in consumer credit, county courts, debts, enforcement, news by sally

‘Nearly 300,000 debt judgments were filed against individuals in English and Welsh county courts in the first three months of 2017, the highest quarterly figure for more than 10 years.’

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The Guardian, 15th May 2017

Source: www.guardian.co.uk

Litter ‘police’ paid bonuses to hand out fines to public, investigation finds – Daily Telegraph

‘Litter “police” are being paid bonuses of up to £1,000 a month for handing out fines to members of the public, an investigation has found.’

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Daily Telegraph, 15th May 2017

Source: www.telegraph.co.uk

Professional Disciplinary Case Digest – Cloisters

‘A summary of legally noteworthy judicial reviews and High Court appeals regarding professional disciplinary panels and their decisions.’

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Cloisters, 11th May 2017

Source: www.cloisters.com

New laws on vaping come into effect this week – The Independent

Posted May 16th, 2017 in health & safety, news, smoking by sally

‘Electronic cigarette users will be hit by new restrictions this week, under a new directive cracking down on all smoking products.’

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The Independent, 15th May 2017

Source: www.independent.co.uk

Merseyside brothers jailed: Shop workers groomed girls – BBC News

Posted May 16th, 2017 in news, sentencing, sexual grooming, sexual offences by sally

‘Two shop worker brothers who groomed young girls with free sweets and mobile phone top-ups have been jailed for years of abuse.’

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BBC News, 15th May 2017

Source: www.bbc.co.uk

Home Office faces legal challenge over Theresa May’s landlord immigration checks – The Independent

Posted May 16th, 2017 in immigration, landlord & tenant, news, passports, race discrimination by sally

‘The Government is facing a legal challenge over its policy of forcing landlords to conduct immigration checks on their tenant.’

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The Independent, 16th May 2017

Source: www.independent.co.uk

Landmark European court case could curtail freedoms of British dual nationals – The Guardian

Posted May 16th, 2017 in citizenship, EC law, families, immigration, news by sally

‘Judges at the European court of justice have gathered to rule on a landmark case that could have widespread implications for all EU citizens applying for British passports. ‘

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The Guardian, 16th May 2017

Source: www.guardian.co.uk

New Acts – legislation.gov.uk

Posted May 15th, 2017 in legislation by sally

Higher Education and Research Act 2017

Source: www.legislation.gov.uk

Southwark LBC v Akhtar and Stel LLC – Arden Chambers

‘The Upper Tribunal has held that an estimated service charge that had not been demanded in accordance with a lease would not have been payable but for the lessee taking out a loan from the lessor to pay it and thereby waiving strict compliance with the terms of the lease; s.7, Interpretation Act 1978 does not apply to notices served under the Landlord and Tenant Act 1985 unless a lease provides that s.196 Law of Property Act 1925 is to apply to the service of notices’

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Arden Chambers, 20th April 2017

Source: www.ardenchambers.com

Poshteh v Royal Borough of Kensington and Chelsea – Arden Chambers

‘The Supreme Court has declined to depart from its previous judgment in Ali v Birmingham CC that the right to homelessness accommodation under s193 Housing Act 1996 was not a civil right under art 6, despite a decision of the ECtHR to the contrary in Ali v UK; it has affirmed the dicta of Lord Neuberger in Holmes-Moorhouse v Richmond upon Thames LBC that a “benevolent approach” is to be taken to homelessness review decisions under s202; and said (obiter) that the principles governing the right of appeal to the county court under s204 had been authoritatively established by the House of Lords in Runa Begum v Tower Hamlets LBC and other cases including Holmes-Moorhouse, and should be taken as settled.’

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Arden Chambers, 10th May 2017

Source: www.ardenchambers.com

How in-flight Wi-Fi works – 4 KBW

Posted May 15th, 2017 in aircraft, internet, news, satellites, telecommunications by sally

‘We’ve all had the same problem: you walk too far away from your Wi-Fi router and, all of a sudden, your Wi-Fi stops working. We all know that it’s simply because the router’s signal isn’t strong enough to reach you that extra few feet away. There is sadly a limit on the strength of Wi-Fi connectivity. But, if Wi-Fi is so dependent upon your proximity to a router, doesn’t it seem strange that Wi-Fi can work in an aeroplane, 35,000 feet above the ground?’

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4 KBW, 28th May 2017

Source: www.4kbw.net

Saving the Environment: The Prospect of Electric Aircraft – 4 KBW

Posted May 15th, 2017 in aircraft, airlines, electricity, energy, environmental protection, news by sally

‘The electric car, once only the domain of eccentric Sci-Fi movies, has now well and truly found its way into everyday consumer life. So, what’s next for the world of fuel innovation? Will we really be able to power commercial flights using just electric fuel, as we now can cars?’

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4 KBW, 12th May 2017

Source: www.4kbw.net

Brexit: Is the UK set for WTO limbo? – New Law Journal

Posted May 15th, 2017 in brexit, EC law, international law, international trade, news by sally

‘The idea of World Trade Organization (WTO) vetoes being used to settle historical scores over Gibraltar or the Falklands has been circulated as one post-Brexit complication, with the UK set to relinquish its existing WTO status as part of the EU bloc. Gregory Shaffer, a leading authority on international trade law, explains the UK’s tariff and other WTO commitments and considers the very real prospect of the UK spending some time in WTO limbo.’

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New Law Journal, 9th May 2017

Source: www.newlawjournal.co.uk

Judges’ intervention prompts video-link rethink for youth cases – Law Society’s Gazette

Posted May 15th, 2017 in courts, judges, live link evidence, news, young persons by sally

‘A senior judge has shed light on the push by the government to conduct court proceedings via video despite widespread concerns.’

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Law Society’s Gazette, 12th May 2017

Source: www.lawgazette.co.uk

‘Freeman on the Land’ jailed for failure to pay council tax – Local Government Lawyer

Posted May 15th, 2017 in council tax, local government, news, sentencing by sally

‘A self-proclaimed ‘Freeman-on-the-Land’ who refused to pay council tax citing ancient laws has been sentenced to 40 days in prison and ordered to repay his debt.’

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Local Government Lawyer, 12th May 2017

Source: www.localgovernmentlawyer.co.uk

Civil procedure: Unreasonable conduct and costs – Law Society’s Gazette

Posted May 15th, 2017 in appeals, civil procedure rules, costs, news, small claims by sally

‘It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes. There is now a rich body of case law which provides judicial guidance on the courts’ general approach in assessing unreasonable behaviour when considering whether to make adverse costs orders. Further judicial guidance on assessing unreasonable behaviour has recently been given by the Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269. In that case the court provided important guidance on the ‘unreasonable behaviour’ test for ordering costs in the small claims court.’

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Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

Retail banking business models under strategic review by UK regulator – OUT-LAW.com

Posted May 15th, 2017 in banking, competition, financial regulation, news by sally

‘The UK’s Financial Conduct Authority (FCA) has opened a review into business models in retail banking to assess the impact those models are having on competition and conduct in the market.’

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OUT-LAW.com, 12th May 2017

Source: www.out-law.com