Category: regulations

Know your limits, show your limits: Lessons from Food Standards Agency v Bakers of Nailsea Ltd (2020) – St Philips Barristers

Posted February 11th, 2021 in chambers articles, criminal procedure, food hygiene, interpretation, limitations, news, prosecutions, regulations, time limits by sally

‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’

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St Philips Barristers, 9th February 2021

Source: st-philips.com

Procurement—withdrawal of challenged award decision ends automatic suspension (Aquila Heywood Ltd v Local Pensions Partnership) – Henderson Chambers

Posted February 11th, 2021 in chambers articles, contracts, news, public procurement, regulations by sally

‘Local Pensions Partnership Administration Ltd (LPPA) awarded a contract under a framework. Acquila Heywood Ltd (Acquila) issued proceedings challenging the award on various bases. LPPA then withdrew the award decision and replaced it with a second decision in which Acquila was again unsuccessful. Acquila did not issue proceedings in respect of the second decision or amend its existing claim. The court held that the automatic suspension which arose under regulation 95 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 only prevented LPPA from awarding the contract pursuant to the first decision. Once that decision had been withdrawn and the bids re-evaluated, it served no further purpose. LLPA was therefore not required to refrain from entering into a contract pursuant to its second decision. LPPA’s application to lift the suspension pursuant to PCR 2015, SI 2015/102, reg 96(1)(a) was unnecessary.’

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Henderson Chambers, 9th February 2021

Source: www.hendersonchambers.co.uk

Thirty-one Met Police officers face £200 fixed penalty after breaching Covid-19 regulations with haircut at station – Local Government Lawyer

Posted January 27th, 2021 in coronavirus, London, news, penalties, police, regulations by sally

‘A group of 31 Metropolitan Police officers are facing a £200 fixed penalty notice after breaching Covid-19 regulations while on duty, the police force has revealed.’

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Local Government Lawyer, 26th January 2021

Source: www.localgovernmentlawyer.co.uk

Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown – Local Government Lawyer

Posted January 21st, 2021 in autism, coronavirus, Court of Protection, families, human rights, news, official solicitor, regulations, statutory interpretation by sally

‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’

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Local Government Lawyer, 19th January 2021

Source: www.localgovernmentlawyer.co.uk

Courts stay open as England plunged back into lockdown – Law Society’s Gazette

Posted January 5th, 2021 in coronavirus, courts, juries, legal profession, news, regulations by sally

‘Courts will remain open during the new Covid-19 restrictions applying across England, the government confirmed last night. Guidelines state that reasonable excuses for leaving home during lockdown include fulfilment of legal obligations, such as attending court as a lawyer or jury member, or to carry out activities relating to buying, selling or letting a home.’

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Law Society's Gazette, 5th January 2021

Source: www.lawgazette.co.uk

Gambling Act review expected to spur reform – OUT-LAW.com

Posted December 21st, 2020 in consumer protection, gambling, internet, news, regulations by sally

‘The UK government must be careful not to drive British consumers to unregulated gambling markets by imposing overly strict constraints on regulated providers of online gambling services, experts in gambling licensing and regulation have said.’

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OUT-LAW.com, 18th December 2020

Source: www.pinsentmasons.com

LoveHolidays to refund £18m for cancelled holidays – BBC News

Posted December 15th, 2020 in coronavirus, holidays, news, regulations, repayment by tracey

‘LoveHolidays, one of the UK’s biggest online travel agents, has been ordered to refund £18m to more than 40,000 customers after their trips were cancelled due to the coronavirus outbreak.’

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BBC News, 15th December 2020

Source: www.bbc.co.uk

Coronavirus: Greenwich Council told ‘keep schools open’ – BBC News

Posted December 15th, 2020 in coronavirus, local government, London, news, regulations, school children by tracey

‘The government has told a London council it must keep schools open or face legal action.’

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BBC News, 15th December 2020

Source: www.bbc.co.uk

It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer

Posted December 9th, 2020 in children, disabled persons, education, families, judicial review, learning difficulties, legal representation, local government, news, regulations, school children by sally

‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Under-18s banned from lottery scratchcards in crackdown – BBC News

Posted December 9th, 2020 in children, fines, gambling, government departments, news, regulations, young persons by sally

‘The age limit for playing the National Lottery is set to be raised from 16 to 18 from next October as the government moves to crackdown on gambling.’

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BBC News, 8th December 2020

Source: www.bbc.co.uk

Beyond regulation: controlling app-based private hire operators – 11 KBW

Posted December 7th, 2020 in chambers articles, internet, licensing, news, regulations, standards, taxis by sally

‘In former times, if you wanted to build a business empire, you needed bricks, mortar and time. It took twenty years for Marks and Spencer to move from their first covered market in Leeds to their first shop. No more. You can run the world’s largest holiday lettings company without owning a hotel, or the largest book retailer in the world without a bookshop, and you can revolutionise the global taxi industry without owning a car. And it all happens at a dizzying pace. The question arises whether these commercial leviathans can be regulated and if so how.’

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11 KBW, November 2020

Source: www.11kbw.com

Piers Corbyn guilty of lockdown protest restrictions breach – BBC News

Posted December 3rd, 2020 in coronavirus, demonstrations, news, regulations by tracey

‘Piers Corbyn has been found guilty of breaching coronavirus restrictions at an anti-lockdown gathering.’

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BBC News, 2nd December 2020

Source: www.bbc.co.uk

Does the lockdown breach the right to freedom of religion? – UK Human Rights Blog

Posted December 1st, 2020 in coronavirus, human rights, news, regulations by sally

‘[W]hen considering the legality of the lockdown it is relevant that the neither latest iteration of the Coronavirus Regulations, nor the previous version that imposed the earlier lockdown, in any way restrict the Article 9(1) right to hold a belief, or choices made regarding personal behaviour outside the context of places of worship.’

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UK Human Rights Blog, 30th November 2020

Source: ukhumanrightsblog.com

Extensions to the Anti-Money Laundering Compliance Regime – Family Law Week

Posted November 26th, 2020 in disclosure, families, financial advice, legal profession, legal services, money laundering, news, regulations, statutory duty, taxation by tracey

‘Matthew Moore, director of Infolegal, advises family lawyers of their obligations under anti-money laundering regulations following changes [to the] wording of what constitutes taxation advice.’

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Family Law Week, 24th November 2020

Source: www.familylawweek.co.uk

Students may be compensated for lost teaching during UK lockdown – The Guardian

Posted November 26th, 2020 in compensation, coronavirus, education, news, regulations, universities by tracey

‘Students could be awarded financial compensation for lost teaching time during the Covid-19 lockdown after the higher education complaints watchdog told an institution to pay £1,000 to an international student.’

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The Guardian, 26th November 2020

Source: www.theguardian.com

Is Lockdown 2 Lawful? – 39 Essex Chambers

Posted November 19th, 2020 in coronavirus, equality, health, human rights, judicial review, news, proportionality, regulations by sally

‘The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 impose a second lockdown on England. They prohibit persons from leaving their home unless they have a reasonable excuse. They severely restrict the ability of persons to meet anyone who is not a member of their household. Various outdoors activities are banned, such as most organised sport. Numerous businesses and other premises are closed, including pubs and restaurants, cinemas and theatres, hairdressers, indoor and outdoor sports and recreation facilities, and most non-food retailers.’

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39 Essex Chambers, 6th November 2020

Source: www.39essex.com

Property: Residential evictions: where are we now? – Lamb Chambers

Posted November 19th, 2020 in bailiffs, coronavirus, enforcement, landlord & tenant, news, regulations, repossession, warrants by sally

‘Oscar Davies gives an update on where we are currently with residential evictions, the general ban and its exceptions.’

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Lamb Chambers, November 2020

Source: www.lambchambers.co.uk

Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR – Richmond Chambers

Posted November 19th, 2020 in domicile, immigration, interpretation, news, regulations by sally

‘This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357. Specifically, the Court considered the construction of paragraph 276B(v) regarding disregarding of current and previous overstaying.’

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Richmond Chambers, 10th November 2020

Source: immigrationbarrister.co.uk

Judicial review challenge to end after Government uses emergency procedure to formalise requirement for bailiffs not to enforce warrants and writs – Local Government Lawyer

Posted November 17th, 2020 in bailiffs, coronavirus, enforcement, judicial review, Ministry of Justice, news, regulations, warrants by sally

‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’

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Local Government Lawyer, 17th November 2020

Source: www.localgovernmentlawyer.co.uk

Was Lockdown Lawful? Thoughts of a former Supreme Court Judge. – 33 Bedford Row

Posted November 12th, 2020 in constitutional law, coronavirus, judges, ministers' powers and duties, news, parliament, regulations by sally

‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’

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33 Bedford Row, 27th October 2020

Source: www.33bedfordrow.co.uk