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Briefings

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

"Stop saying something must be done and actually do something!"

Date Posted: 20/11/2014 Author: Sarah Hutchinson

Is Arbitration that 'something'?

 

Stop saying something must be done and actually do something was the plea made by Mr Justice Mostyn to law makers in his recent judgment in J v J [2014] EWHC 3654, a case in which the...

Early Neutral Evaluation - the further privatisation of justice?

Date Posted: 20/11/2014 Author: Mark Fenton and Annmarie Carvalho

Chaos in the family courts encouraged both parties and advocates in a children case this summer to opt for a more creative solution to their dispute.  They instructed an Early Neutral Evaluator to decide the matter, and the parties agreed to be bound by that decision.  There is therefore now a quicker and more flexible met...

'Mapping Paths to Family Justice' - what is non-court dispute resolution really like for clients?

Date Posted: 20/11/2014 Author: Annmarie Carvalho

The Mapping Paths to Family Justice Briefing Paper published this summer was a fascinating look at people's perceptions and experiences of the different methods of family non-court dispute resolution. I summarise below ten of the report's key findings about what non-court dispute resolution is really like for clients*.

Social media policies: a necessity in our view

Date Posted: 12/11/2014 Author: Jennifer Agate

The benefits of a social media policy and top tips to consider when drafting one, were both discussed in our presentation at the AULP (Association of University Legal Practitioners) conference this summer. Specialists from our Employment, IP and Media teams joined Kathryn Grant, in-house legal adviser at Manchester University. The key highlights of the session have been summ...

Social Investment by Charities: new recommendations remove uncertainty

Date Posted: 12/11/2014 Author: Rebecca Fry

 On 24 September 2014, the Law Commission published its final recommendations to Government on social investment by charities. If accepted, these will prompt the introduction of a new statutory power enabling the trustees of charities – including char...

Shared Parental Leave - is your University ready?

Date Posted: 12/11/2014 Author: David Hunt

A new regime of shared parental leave (SPL) will apply to babies due on or after 5 April 2015. With only six months to go, parents announcing their pregnancies now (assuming they do so at the usual 12 week point) will be eligible to take SPL. With the first leave requests potentially being made in early spring, universities could therefore start rec...

Moving to MOOCs – the OIA and other things you may not have thought about

Date Posted: 12/11/2014 Author: Jeremy Isaacson

Earlier this summer, the Office of the Independent Adjudicator (OIA) published a statement explaining its approach to whether students on Massive Open Online Courses (MOOCs) are eligible to make complaints under the OIA scheme. It concluded that students on MOOCs can complain to the OI...

The Cultural Gifts Scheme

Date Posted: 12/11/2014 Author: Rhoddy Voremberg

Rhoddy Voremberg looks at how the Cultural Gifts Scheme may appeal to some philanthropic donors. This article was published in the Winter 2014 issue of Historic House: The Historic Houses Association Magazine.

Conscious uncovering: reporting the divorce courts (part 2)

Date Posted: 11/11/2014 Author: Nicholas Bennett and Jennifer Agate

An examination of two recent cases in the family courts demonstrating a continued shift towards greater transparency and open reporting.

European Court of Human Rights upholds academic freedom

Date Posted: 11/11/2014 Author: Alicia Mendonca

An article on a recent decision in Mustafa Erdogan and Others v Turkey, Applications nos. 346/04 and 39779/04 [2014] in which the European Court of Human Rights considered the protection of academic freedom under Article 10.

Seeing smoke without fire

Date Posted: 11/11/2014 Author: Jennifer Agate

An article considering the Court of Appeal judgment in PNM v Times, in which the court declined to grant injunctive relief to a man arrested but never charged in relation to sexual offences.

Cyberbullying – legislative reform and an international perspective

Date Posted: 11/11/2014 Author: Jocelyn Ledward and Jennifer Agate

As campaigners in the UK call for tighter regulation of the internet and specific cyberbullying and revenge porn legislation, we review the comparative position in the United States, where cyberbullying and even revenge porn legislation have already been enacted.

The rapidly changing skyline: UK property taxation

Date Posted: 28/10/2014 Author: Nick Dunnell & Holly Jones

The UK's taxation of residential property has changed more dramatically than the London skyline over the past three years and further changes are in the pipeline.

The Draft Public Contracts Regulations 2015 – What you need to know

Date Posted: 28/10/2014 Author: Paul Jones and Jane Randell



This note is the latest in our series tracking the development and transposition of the EU's three new Directives on Public Procurement.  As the draft Public Contracts Regulations 2015 have now been published and are under consul...

Mirror mirror on the wall, who will send the dodgiest selfie of them all?

Date Posted: 27/10/2014 Author: Michael Patrick

Just over a month after its launch, the Independent Press Standards Organisation (IPSO) already faces its first major test as it confirms it will pursue inquiry into 'sex sting' against MP Brooks Newmark.

Assets of Community Value: A refresher on the risks for land-owning charities

Date Posted: 24/10/2014 Author: Karen Phull and Sam Macdonald

The Localism Act 2011 promised local communities a greater say in developments in their locality.  A raft of changes to the planning system were introduced, amongst these the ability to make an application to designate land or buildings as Assets of Community Value (ACV). 

Social media use: risks and remedies for charities

Date Posted: 24/10/2014 Author: Jennifer Agate

Social media can be a powerful tool for charities, providing an effective means of engaging with both existing supporters and new audiences, facilitating campaigning, lobbying and fundraising initiatives. 

However to use social media effectively, charities need to be equipped to deal with the challenges it presents, whether the charity ...

"Transparency and Trust" – Who's pulling the strings?

Date Posted: 24/10/2014 Author: Hector Wakefield and Hugo Walford

In June 2013, members of the G8 agreed to a number of core Principles fundamental to the transparency of ownership and control of companies. In July 2013 the Department for Business, Innovation and Skills (BIS) published the government's Transparency and Trust Discussion Paper (the Discussion Paper) and invited views from the general publi...

Social Investment by Charities: Law Commission Recommendations Published

Date Posted: 24/10/2014 Author: Rebecca Fry

On 24 September 2014, the Law Commission published its final recommendations to Government on social investment by charities. If accepted, these will prompt the introduction of a new statutory power enabling charity trustees to make social investments, putting the legal basis for s...

The Human Dignity Trust case: What does it mean to "advance human rights" in a charity law context?

Date Posted: 24/10/2014 Author: Rachel Holmes

This question was recently considered by the First Tier Tribunal (the Tribunal) when it heard the appeal of The Human Dignity Trust (HDT) against the Charity Commission’s refusal to register it as a charity.

HDT’s principal activity is bringing litigation to challenge laws that criminalise same-sex relations...

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