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Briefings

We produce regular briefings which examine the latest legal developments, regulations and case law. 

The Law Commission's proposals to update charity law

Date Posted: 04/08/2015 Author: Rachel Holmes

The Charities Act 2006 came with a built-in health check: section 73 obliged the Minister to review the operation of the Act within five years and to present a report to Parliament. The review was carried out by Lord Hodgson, who published his report in 2012. Tucked away in an ...

Bare Essentials? The Charity Commission revises CC3, its guidance for trustees

Date Posted: 04/08/2015 Author: Rachel Holmes and Laetitia Ransley

In November 2014 the Charity Commission launched a consultation on CC3 The Essential Trustee: what you need to know, perhaps its most frequently used guidance document. It has now published the final version, entitled The Essential Trust...

Charities (Protection and Social Investment) Bill

Date Posted: 04/08/2015 Author: James Maloney

It has not been straightforward to keep track of the Charities (Protection and Social Investment) Bill (the Bill) over the past few months.

The Bill, which at the time of writing is being debated in the House of Lords, was first published last October as the draft Protection of Charities Bill.

Educational institutions paying investment manager fees may be in line to recover associated VAT

Date Posted: 03/08/2015 Author: Charlotte Black

Cambridge University has recently won confirmation that it can treat the fees of its investment fund managers as part of the university's general costs (overheads) enabling a partial recovery of the VAT charged on those fees.

The issue was first considered in 2013 by the First Tier Tribunal of the tax chamber which decided in the university's favour. Last month the...

Dealing with Litigants in person: new guidelines published for Lawyers

Date Posted: 03/08/2015 Author: William Charrington

The Law Society, the Bar Council and CILEx have introduced new guidelines (available here) to assist lawyers who face litigants in person ('LiPs') in the civil courts and tribunals. In-hou...

Universities and Consumer Protection – the dust starts to settle following CMA advice

Date Posted: 03/08/2015 Author: Jeremy Isaacson

The HE sector now had some time to digest the Competition & Markets Authority’s advice to HE providers on consumer protection law (available here) which was published in March.

Inn the Field of Play - July 2015

Date Posted: 30/07/2015 Author: Robert Lewis and Owen O'Rorke

The rise and rise of the data nerd

On 14 July 2015, with 6.4km of Stage 10 of the Tour de France remaining, Chris Froome accelerated away on the final summit at La Pierre-Saint-Martin which left his rivals standing – and the press room sniping. That same day, Team Sky and Sir Dave Brailsford revealed their lead rider ...

Information Matters: High Court Rules on Retention Period for Child Protection Information

Date Posted: 27/07/2015 Author: Jeremy Isaacson and Henry Sainty

Earlier in the week, the High Court handed down this judgment in R(C) v Northumberland County Council (NCC) and Information Commissioner’s Office (Interested Party) on the retention period for child prot...

Information Matters: One Step Closer to a New Data Dawn

Date Posted: 27/07/2015 Author: Owen O'Rorke and Henry Sainty

Regular readers of Information Matters will have been aware of the distant threat of sweeping EU-wide reforms to data protection law. Closer watchers of the draft proposals, however, may be forgiven for having been lulled into a false sense of (cyber) security at the stately progress of the draft through the corridors of the European Commis...

Interpreting testator intentions

Date Posted: 24/07/2015 Author: Adam Carvalho TEP and Richard McDermott

This article was first published in the Solicitors Journal, reproduced here with kind permission of the editor.

In the case of Reading and another v Reading and others [2015] All ER (D) 64, the court construed the word ‘issue’ as including not only the testator’s children but also his stepchildren (and their children). The claimants in that case were ...

On trial: the Court of Arbitration for Sport

Date Posted: 23/07/2015 Author: Kate Allass

As the world footballers' union FIFPro announces that it is throwing its weight and funding behind German speed skater Claudia Pechstein's challenge to the jurisdiction of the Court of Arbitration for Sport (CAS), we review a case which has put CAS's own procedures into the spotlight and discuss its implications for sports arbitration.

Information Matters: CMA report on commercial use of consumer data: "some room for improvement"

Date Posted: 22/07/2015 Author: Alan Baker

As school teachers across the land sigh with relief, having finished the last of their pupils' report cards, the Competition and Markets Authority (CMA) has also celebrated the start of the summer holidays by releasing a new

Safeguarding against Extremism

Date Posted: 22/07/2015 Author: Katie Rigg

With effect from 1 July a large number of organisations are subject to a duty under s.26 of the Counter-Terrorism and Security Act 2015 in exercising their functions to have due regard to the need to prevent people from being drawn into terrorism.

After Freddie Starr and Andrew Mitchell's libel disasters, should you always sue to protect your reputation?

Date Posted: 21/07/2015 Author: Jennifer Agate

This article was first published by Spear's , reproduced here with kind permission of the editor.

'She has proved that... he groped her (an under-age school ...

Information Matters: FOI reform – costs and safe space, and the interplay between costly and vexatious requests

Date Posted: 17/07/2015 Author: Jeremy Isaacson

Followers of developments in information law will not have missed the various reports over the last couple of weeks that Michael Gove, the (relatively) new Justice Secretary, wants to revisit the Freedom of Information Act 2000 (FOI).

Please

Property dealings in Northern Ireland

Date Posted: 17/07/2015 Author: Andrew Wade and Pierre Boitel-Gill

This article was first published in Estates Gazette on 11 April, reproduced here with kind permission of the editor.

Because of their shared histories, there are many similarities between Northern Ireland property law and that of
England and Wales. However, there are also some unexpected differences and it pays to be aware of them. This article outlines som...

Information Matters: Creaking Copyright Law

Date Posted: 17/07/2015 Author: Peter Wienand and Emily Arnold

Copyright holders, take note: the legal regime that protects your rights in Europe may change drastically. Content producers, aggregators and distributors alike are waking up to the EU Commission's plans to overhaul copyright law across the EU.  The Commission will put forward its legislative proposals to update copyright law by the end of 2015...

High Court awards substantial damages for small-scale publication outside the UK: The Bussey Law Firm PC v Jason Page [2015] EWHC 563 (QB) (6 March 2015).

Date Posted: 16/07/2015 Author: Jennifer Agate and Alicia Mendonca

This article appeared in Entertainment Law Review, Ent. L.R. 2015, 26(5), 164-165, reproduced here with the kind permission of the editor.

In Th...

Stepping in before it’s too late: How to remove directors who lack capacity

Date Posted: 16/07/2015 Author: Daniella Lloyd

What happens when a director of a company has become physically or mentally incapable of acting as a director? This article explores how a director may be removed from office of a private limited company. Articles of Association of the Company govern removal in some scenarios, but not all.

Commercial Property Newsletter: Spotlight on Development July 2015

Date Posted: 15/07/2015 Author: Clive Lovatt and Andrew Wade and Robin Holmes and Karen Phull

Summer time is here, but is the living any easier?  Last week’s budget appears to have been a “neutral event” for the development and construction industries.  The living wage  announcement has been met with equanimity by construction employers and the Government’s plans for infrastructure and the Northern powerhouse will take time to...

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