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‘A new ruling has confirmed that developers have limited scope to obtain retrospective changes to planning permission they have been granted to specify explicitly that the permission is “severable”, according to a planning law expert.’
OUT-LAW.com, 18th January 2024
Source: www.pinsentmasons.com
‘The UK government’s response to the House of Lords Culture, Media and Sport Committee’s report on AI and the creative industries confirms its position on striking a balance between encouraging AI innovation and protecting copyright works, an expert has said.’
OUT-LAW.com, 19th January 2024
Source: www.pinsentmasons.com
‘A recent Court of Appeal ruling on trade mark infringement is the first clear example of a UK court consciously deciding to depart from a judgment of the Court of Justice of the EU (CJEU)after Brexit, an expert has said.’
OUT-LAW.com, 18th January 2024
Source: www.pinsentmasons.com
‘A new general code of practice issued by the UK Pensions Regulator (TPR) should help improve the operation of pension schemes and manage risk for both members and trustee boards, an expert has said.’
OUT-LAW.com, 15th January 2024
Source: www.pinsentmasons.com
‘A recent employment tribunal decision offers reassurance to employers that are taking steps to improve diversity, provided that care is taken in how they go about it, an employment law expert has said.’
OUT-LAW.com, 15th January 2024
Source: www.pinsentmasons.com
‘Businesses must ensure any advertisements including digital alterations made to body images are not “irresponsible” or “misleading”, an expert has said.’
OUT-LAW.com, 10th January 2024
Source: www.pinsentmasons.com
‘Organisations using specially set up companies – special purpose vehicles, or SPVs – to deliver new UK housing schemes have been urged to plan ahead for the increased potential exposure to liability they may face under the Building Safety Act.’
OUT-LAW.com, 5th January 2024
Source: www.pinsentmasons.com
‘Construction companies should expect the courts in England and Wales to be sympathetic to building safety claims in 2024.’
OUT-LAW.com, 3rd January 2024
Source: www.pinsentmasons.com
‘The way that thousands of pieces of UK legislation are interpreted could change after a new Act impacting the way EU-derived laws are applied in the UK entered into force.’
OUT-LAW.com, 3rd January 2024
Source: www.pinsentmasons.com
‘Artificial intelligence (AI) systems cannot be the owner of, nor be transferred, patent rights in the UK, the Supreme Court has ruled.’
OUT-LAW.com, 20th December 2023
Source: www.pinsentmasons.com
‘Construction companies that encounter disputes in 2024 can learn lessons from case law established in 2023 concerning the operation of so-called serial adjudications and when an adjudicator’s decision might breach principles of natural justice.’
OUT-LAW.com, 14th December 2023
Source: www.pinsentmasons.com
‘A ruling by the UK’s Upper Tribunal (UT) disallowing certain types of expenditure relating to windfarm projects from qualifying for plant and machinery tax allowances has indicated the tribunal’s “strict and narrow” interpretation of the provisions for qualifying expenditure.’
OUT-LAW.com, 13th December 2023
Source: www.pinsentmasons.com
‘The UK’s Economic Crime and Corporate Transparency Act 2023 (the Act) has reformed the law of corporate criminal attribution for a wide range of economic crimes and introduced a new offence of corporate failure to prevent economic crimes.’
OUT-LAW.com, 8th December 2023
Source: www.pinsentmasons.com
‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’
OUT-LAW.com, 6th December 2023
Source: www.pinsentmasons.com
‘A new ruling should encourage more organisations to seek to resolve their disputes out-of-court via mediation or other alternative dispute resolution (ADR) procedures, according to experts in dispute resolution.’
OUT-LAW.com, 1st December 2023
Source: www.pinsentmasons.com
‘Local authorities in England seeking court injunctions to prohibit unauthorised encampments on land they own must disclose to the courts any arguments gypsies and travellers might raise in opposition to their applications, the UK Supreme Court has ruled.’
OUT-LAW.com, 4th December 2023
Source: www.pinsentmasons.com
‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’
EIN Blog, 27th November 2023
Source: www.ein.org.uk
‘The UK government must ensure that the way the new “super-complaints” process under the Online Safety Act is configured enables new risks and systemic issues across services to be addressed whilst guarding against the potential for overwhelming the regulator.’
OUT-LAW.com, 27th November 2023
Source: www.pinsentmasons.com
‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’
EIN Blog, 27th November 2023
Source: www.ein.org.uk
‘Businesses should be able to enforce UK court rulings more easily in other countries in future – and enforce judgments made by foreign courts in the UK too – once the UK accedes to the 2019 Hague Convention, experts in dispute resolution have said.’
OUT-LAW.com, 24th November 2023
Source: www.pinsentmasons.com
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