Day: 27 March 2019
Recent Statutory Instruments – legislation.gov.uk
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019
The Animal Feed (Basic Safety Standards) (England) Regulations 2019
The Uncertificated Securities (Amendment and EU Exit) Regulations 2019
The Animal Feed (Composition, Marketing and Use) (England) (Amendment) Regulations 2019
The Taxes (Amendments) (EU Exit) Regulations 2019
The Food and Feed Imports (Amendment) (EU Exit) Regulations 2019
The Welfare Reform Act 2012 (Commencement No. 30 and Transitory Provisions) (Amendment) Order 2019
The Animal Feed (Amendment) (EU Exit) Regulations 2019
The Nutrition (Amendment etc.) (EU Exit) Regulations 2019
The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019
The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019
Source: www.legislation.gov.uk
CMA challenges call for new UK merger laws – OUT-LAW.com
‘Changes in legislation are not necessary to “prevent mergers in digital markets which could harm existing or potential future competition or innovation”, the Competition and Markets Authority (CMA) has said.’
OUT-LAW.com, 27th March 2019
Source: www.out-law.com
Landlord given suspended sentence and ordered to pay £300k+ after hiding families in windowless rooms – Local Government Lawyer
‘A landlord who hid families in windowless rooms after claiming to a council that he had complied with an enforcement notice has been fined £25,000 and ordered to pay a further £266,177 under the Proceeds of Crime Act 2002.’
Local Government Lawyer, 26th March 2019
Source: www.localgovernmentlawyer.co.uk
Widow of Carl Sargeant wins high court challenge over sacking inquiry – The Guardian
‘The widow of the former Welsh government minister Carl Sargeant, who died while facing sexual misconduct allegations, has won a high court challenge over the legality of an inquiry into his sacking.’
The Guardian, 27th March 2019
Source: www.theguardian.com
Court hears test case on ability of parents to make decisions for children over 18 with learning disabilities – Local Government Lawyer
‘The Court of Protection will this week hear a test case brought by the parents of three young people with learning disabilities over the position under current law which prevents them being able to make best interests decisions on behalf of their children as they are now over 18.’
Local Government Lawyer, 26th March 2019
Source: www.localgovernmentlawyer.co.uk
How Does UK Human Rights Law Protect Football Players Like Raheem Sterling And Danny Rose From Racial Abuse? – Rights Info
‘The England football team put on a striking performance during the Euro 2020 qualifier match against Montenegro in Podgorica on Monday.’
Rights Info, 26th March 2019
Source: rightsinfo.org
FCA to focus on affordability and culture in regulation of consumer credit – OUT-LAW.com
‘The UK’s Financial Conduct Authority (FCA) has set out its priorities for the future regulation of the consumer credit sector, including the impact of the Senior Managers and Certification Regime (SMCR).’
OUT-LAW.com, 27th March 2019
Source: www.out-law.com
How far should family law reflect modern family life? The case of cohabitation, equal civil partnerships and the common law marriage myth – Transparency Project
‘There is no longer just one way of ‘doing’ family in modern Britain. With much greater gender equality and social acceptance of different family forms, how we organise family life and our personal relationships has changed considerably in recent times. In some ways, the law in England and Wales has kept pace with change – same-sex civil partnerships in 2004 and same-sex marriage in 2013 are shining examples of progressive legislative landmarks. Yet we have witnessed clear policy reluctance to offer legal protection to opposite-sex couples who reject marriage, despite Law Commission recommendations in 2007 and despite many other countries including Scotland, Ireland, Australia and New Zealand having reformed their cohabitation law.’
Transparency Project, 26th March 2019
Source: www.transparencyproject.org.uk
Ep. 74: Brexit Delayed – Law Pod UK
‘Professor Catherine Barnard, discusses the latest Brexit developments and looks at the options now with just four days to go before the UK was originally set to leave the EU.’
Law Pod UK, 26th March 2019
Source: audioboom.com
BAILII: Recent Decisions
Supreme Court
Actavis Group PTC EHF & Ors v ICOS Corporation & Anor [2019] UKSC 15 (27 March 2019)
R & S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2019] UKSC 16 (27 March 2019)
Court of Appeal (Civil Division)
Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust [2019] EWCA Civ 498 (26 March 2019)
Court of Appeal (Criminal Division)
Moss, R v [2019] EWCA Crim 501 (26 March 2019)
Diamond, R. [2019] EWCA Crim 506 (21 March 2019)
High Court (Administrative Court)
Thompson v Conwy County Borough Council & Anor [2019] EWHC 746 (Admin) (26 March 2019)
Adetoye v The Solicitors Regulation Authority [2019] EWHC 707 (Admin) (26 March 2019)
High Court (Chancery Division)
Devon Commercial Property Ltd v Barnett & Anor [2019] EWHC 700 (Ch) (26 March 2019)
High Court (Commercial Court)
Oversea-Chinese Banking Corporation Ltd v ING Bank N.V [2019] EWHC 676 (Comm) (26 March 2019)
High Court (Queen’s Bench Division)
London Borough of Hamlets v Al Ahmed [2019] EWHC 749 (QB) (26 March 2019)
Source: www.bailii.org
Judge highlights “paradox” between solicitors’ honesty and integrity – Legal Futures
‘Acting without integrity involves “greater moral turpitude” on the part of a solicitor than dishonesty but a lesser sanction, a High Court judge has found, while appearing to question previous Court of Appeal authority on the issue.’
Legal Futures, 27th March 2019
Source: www.legalfutures.co.uk
What do major copyright changes mean for internet freedom? – The Guardian
‘The European parliament approved the largest, and most contentious, overhaul of copyright legislation in two decades on Monday. When the directive comes into effect, it will be the biggest change to internet regulation since General Data Protection Regulation (GDPR).’
The Guardian, 26th March 2019
Source: www.theguardian.com
Solicitors lose right to fees after ending retainer “peremptorily” – Litigation Futures
‘Solicitors who terminated their retainer “peremptorily” without investigating the circumstances of evidence that might have thrown the case into doubt have lost their claim to £8,000 in fees.’
Litigation Futures, 26th March 2019
Source: www.litigationfutures.com
Facebook and Instagram could be hit by new laws if they do not do enough to stamp out anti-vaccine messages – Daily Telegraph
‘Social media firms could be hit with new laws to stop them allowing the spread of anti-vaxxers’ myths online, the Health Secretary has said.’
Daily Telegraph, 26th March 2019
Source: www.telegraph.co.uk
Can I work from home as a lawyer? – The Guardian
‘Agile working is on the rise in the legal profession, with employees free to work where, when and how they choose.’
The Guardian, 26th March 2019
Source: www.theguardian.com
Iran TV station did not break rules over interview praising attack – Ofcom – The Guardian
‘Iran International did not breach the broadcasting code by interviewing a spokesman for a separatist group who praised last September’s terrorist attack in the Iranian city of Ahvaz, the British regulator Ofcom has ruled.’
The Guardian, 26th March 2019
Source: www.theguardian.com
Police officer sacked for abusing staff at takeaway wins job back as remarks ‘were not worst kind of racism’ – Daily Telegraph
‘A policewoman who was sacked after she racially abused takeaway staff has been allowed to return to the beat after claiming her remarks “were not the worst kind of racism”.’
Daily Telegraph, 26th March 2019
Source: www.telegraph.co.uk
Court: time and day can impact limitation period – OUT-LAW.com
‘The time of day that a cause of action accrues can alter the date on which the limitation period for raising a claim against that action expires, the Court of Appeal has suggested.’
OUT-LAW.com, 26th March 2019
Source: www.out-law.com