Scope of UK Takeover Code to narrow in 2025 – OUT-LAW.com

Posted November 20th, 2024 in competition, news, regulations, takeovers by tracey

‘Rules that govern takeover bids for many UK businesses are to be narrowed in scope in a move experts said will better align with the expectation of shareholders. The changes to the Takeover Code take effect from 3 February 2025.’

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OUT-LAW.com, 19th November 2024

Source: www.pinsentmasons.com

BSB Equality Rules amendments proposals are the wrong approach, warns the Bar Council – The Bar Council

Posted November 19th, 2024 in amendments, barristers, equality, news, regulations by tracey

‘The Bar Council has today published its proposed response to the Bar Standards Board’s proposed amendments to the equality rules forming part of barristers’ conduct obligations. The Bar Council has significant concerns that the proposals are substantially unlawful and unenforceable, impractical, and may “hinder progress in this important area”. ‘

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The Bar Council, 18th November 2024

Source: www.barcouncil.org.uk

Barristers “wrongly think they work within AML regulations” – Legal Futures

Posted November 14th, 2024 in barristers, money laundering, news, regulations by sally

‘Barristers are wrongly stating that their work is covered by the Money Laundering Regulations 2017 (MLRs) in their annual declarations to the Bar Standards Board (BSB), it has emerged.’

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Legal Futures, 14th November 2024

Source: www.legalfutures.co.uk

Churchyard Regulations – “non-standard cases” – Law & Religion UK

Posted November 11th, 2024 in faculties, monuments, news, regulations, reports by tracey

‘The Report of the Ecclesiastical Judges Association Working Party into Churchyard Memorial Regulations (“the Report”), reviewed here and reproduced at the end of this post, included a consideration of how chancellors have dealt with petitions that do not comply with the criteria set by the diocesan Churchyard Regulations for the introduction of a memorial without a faculty.’

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Law & Religion UK, 11th November 2024

Source: lawandreligionuk.com

Firms must prevent sexual harassment at work under new law – BBC News

Posted October 29th, 2024 in complaints, disciplinary procedures, employment, harassment, news, regulations by tracey

‘Employers must take steps to prevent sexual harassment in the workplace, under a new law. The Worker Protection Act also states employers must discipline or hold accountable those who are found guilty of sexual harassment.’

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BBC News, 26th October 2024

Source: www.bbc.co.uk

The Case for Overseas Constituencies – Oxford Human Rights Hub

Posted October 10th, 2024 in citizenship, domicile, elections, news, regulations, time limits by sally

‘The Elections Act 2022 received Royal Assent on 28 April 2022. Section 14, amending sections 1 and 2 of the Representation of the People Act 1985, removed the 15-year limit that had hitherto applied to electoral registration of British citizens who reside abroad. Following the commencement of the Representation of the People (Overseas Electors) (Amendment) Regulations 2023 on 16 January 2024, overseas voters were able to register to vote in July’s General Election; they did so either at the last address they were registered to vote before leaving or, for newly eligible voters, at the last address they were resident in the UK before emigrating. This post argues that the establishment of overseas constituencies in UK Parliamentary elections is a further desirable electoral reform.’

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Oxford Human Rights Hub, 9th October 2024

Source: ohrh.law.ox.ac.uk

Ban on advertising junk food before 9pm resurrected in the UK – OUT-LAW.com

Posted October 8th, 2024 in advertising, children, food, health, media, news, regulations by sally

‘Restrictions on advertising “less heathy” food and drink on TV and online will start to apply across the UK from 1 October 2025. However, despite a recent government response confirming the draft implementation regulations, important details are still lacking for food suppliers and media companies to prepare properly for the upcoming changes, according to legal experts.’

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OUT-LAW.com, 7th October 2024

Source: www.pinsentmasons.com

Virgin Media v NTL Pension Trustees II – Case Analysis by Henry Day – Radcliffe Chambers

Posted September 5th, 2024 in contracting out, news, pensions, regulations, statutory interpretation by sally

‘Pensions analysis: In a landmark ruling, dismissing the appeal brought by Virgin Media Ltd (Virgin) against the first instance decision of Mrs Justice Bacon, the Court of Appeal held that the term ‘section 9(2B) rights’ in regulation 42(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (the Contracting-out Regulations), as in force from 6 April 1997 to 5 April 2013, included pension rights earned by both past and future service. The judgment potentially has very significant implications for occupational pension schemes that were contracted out of the Additional State Pension on the salary-related basis under section 9(2B) of the Pension Schemes Act 1993 (PSA 1993) : absent actuarial confirmation as required by PSA 1993, s 37, it now appears certain historical alterations to members’ future (as well as past) service rights under such schemes will be void. Important practical issues concerning the nature and scope of the required actuarial confirmation, however, remain unresolved. Written by Henry Day, barrister at Radcliffe Chambers.’

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Radcliffe Chambers, 19th August 2024

Source: radcliffechambers.com

Home Secretary announces new measures to boost Britain’s border security – Home Office

Posted August 23rd, 2024 in asylum, government departments, immigration, news, regulations by tracey

‘Home Secretary announces new measures to strengthen border security, enforce immigration rules and increase returns.’

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Home Office, 21st August 2204

Source: www.gov.uk

Research Briefing: Traffic Regulation Orders (TROs) – House of Commons Library

Posted August 12th, 2024 in news, regulations, road traffic by tracey

‘This short paper explains what Traffic Regulation Orders (TROs) are, how they are made and the various uses to which they can be put.’

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House of Commons Library , 5th August 2024

Source: commonslibrary.parliament.uk

Habitats Assessments: It’s not too late and everything is included – 4-5 Gray’s Inn Square

Posted July 17th, 2024 in chambers articles, environmental protection, news, planning, regulations by tracey

‘The Court of Appeal has held that regulation 63 of the Conservation of Habitats and Species Regulations 2017/1012 can require an assessment (i.e. a habitats regulations assessment, “HRA”) to be undertaken at the discharge of conditions stage – even if the outstanding conditions do not themselves concern habitats matters. This is important because it means the discharge of conditions cannot simply ride on the coat-tails of the outline permission.’

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4-5 Gray’s Inn Square , 15th July 2024

Source: www.4-5.co.uk

Law firms need to act over new duty to prevent sexual harassment – Legal Futures

‘Law firms will need to rethink their approach to alcohol at events as part of preparing for the new positive legal duty on employers to prevent sexual harassment in the workplace, which comes into force in October.’

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Legal Futures, 11th July 2024

Source: www.legalfutures.co.uk

The WFH Debate: Changes to the Flexible Working Regime and lessons from the Wilson case – Local Government Lawyer

Posted July 10th, 2024 in coronavirus, employment tribunals, flexible working, news, regulations by tracey

‘With the rules on Flexible Working having changed on 6 April 2024, the remote vs office-based working debate which has been the subject of several workplace disputes and tribunal claims since the Covid-19 pandemic shows no sign of abating. It is therefore important that employers are familiar with the changes having come into force to ensure compliance with any future requests, writes David Leach.’

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Local Government Lawyer, 8th July 2024

Source: www.localgovernmentlawyer.co.uk

Non-Christian symbols on churchyard headstones – Law & Religion UK

Posted July 9th, 2024 in Christianity, faculties, Judaism, monuments, news, regulations by sally

‘In the recent judgment Re St. Mary Shotesham [2024] ECC Nor 4, the petitioner sought to introduce a memorial stone into the churchyard of St Mary’s, Shotesham. The points at issue were whether the depiction of the Star of David at the top of the stone infringed the Diocesan Churchyard Regulations issued by Arlow Ch in 2016 and, if so, whether a faculty should nevertheless be granted.’

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Law & Religion UK, 9th July 2024

Source: lawandreligionuk.com

Ofcom warned it must change outdated reporting rules to counter election day fake news – The Independent

Posted June 27th, 2024 in elections, media, news, regulations by sally

‘Fears that fake news could influence the outcome of the general election have led to calls for an immediate change in rules on reporting on polling day.’

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The Independent, 27th June 2024

Source: www.independent.co.uk

Limitation in public contracts challenges – Local Government Lawyer

Posted May 28th, 2024 in contracting out, limitations, news, public procurement, regulations by tracey

‘The High Court has handed down an important judgment, providing extensive guidance on the correct interpretation and application of a number of aspects of the rules governing limitation in respect of challenges to the award of public contracts under the Public Contracts Regulations 2015 (“the PCR”). Joseph Barrett KC examines the ruling.’

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Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

The Right to Request Flexible Working: Evidence from Employment Tribunal Judgments – Industrial Law Journal

Posted May 16th, 2024 in employment tribunals, flexible working, news, regulations by sally

‘This study examines five years of Employment Tribunal judgments on flexible working requests and uses a thematic analysis to identify the issues that have been litigated and to assess how employment tribunals, employees and employers have navigated the Act’s provisions. Whilst the right to request flexible working has been much critiqued because of its limited nature, there is little evidence and discussion of whether it provides a useable and effective process for employees and employers on its own terms. This article identifies three problems with the current legislation: employees can find it difficult to comply with the requirements for a valid statutory request, the difficulty of establishing and complying with the time limits in the legislation and finally the difficulty for tribunals in defining and applying core concepts relating to its power of review over employers’ decisions. These issues will not be resolved through the new Employment Relations (Flexible Working) Act 2023 and in some ways will be made more difficult.’

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Industrial Law Journal, 13th May 2024

Source: academic.oup.com

Long Residence Applications – Where Are We Now? – EIN Blog

Posted May 2nd, 2024 in domicile, immigration, news, regulations, visas by sally

‘For many years the long residence route was pretty straightforward. 10 years’ continuous lawful residence, good character, within absences limits – job done.’

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EIN Blog, 1st May 2024

Source: www.ein.org.uk

Rule changes steer families towards non-court dispute resolution – Law Society’s Gazette

Posted April 30th, 2024 in dispute resolution, families, family courts, news, regulations by tracey

‘Family lawyers have welcomed changes to the family procedure rules coming into force today which could see more disputes resolved away from court.’

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Law Society's Gazette, 29th April 2024

Source: www.lawgazette.co.uk

Tangled Webs of Trust: A Study of Public Trust in Risk Regulation – Oxford Journal of Legal Studies

Posted April 19th, 2024 in energy, news, regulations by sally

‘This article provides an empirically grounded understanding of public trust in the context of risk regulation, specifically through a case study of shale gas exploration and fracking. It offers insight into the factors underpinning public trust and explores the empirical reality of the socially embedded and relational nature of trust. The article engages with the often-neglected dynamics of trust and how relationships between different levels of trust (eg institutional, interpersonal, wider system) operate. It shows how trust, far from complying with many existing linear conceptualisations, is complex and messy, involving a web of ongoing and interactive relationships within and between these levels. By mapping empirical data against our theoretical understandings, this article offers an alternative insight into the trust relationship, better positioning us to understand trust as an ongoing process, rather than an end product.’

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Oxford Journal of Legal Studies, 11th March 2024

Source: academic.oup.com