October 2014 Archive

Changes to Section 117 of the Mental Health Act 1983.

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Changes to Section 117 of the Mental Health Act 1983. More …

From the birth of an idea onwards, the right advice is vital

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The brainwave is just the beginning but the commercial success of a venture is virtually impossible without good professional advice being in place from the start. More …

Developing Equality?

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This briefing summarises challenges by way of judicial review relating to decision – making and policy formulation where the challenge has included an alleged failure by the public body to comply with its public sector equality duty under section 149 of the Equality Act 2010. More …

Wilko v Buyology – A Right Owner's interests v an Infringer's interests

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Hacon J refuses to grant an order compelling the Defendant to disclose the identity of its suppliers following a trade mark infringement matter heard by the Intellectual Property Enterprise Court (IPEC). More …

Agency worker claim hits the hirer not the recruitment agency

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A recruitment agency escaped liability and the hirer took the hit for an agency worker's claim for equal treatment under the Agency Workers Regulations 2010 (AWR) in a recent case. More …

Do you fancy owning shares in a pub?

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The Bevy pub located in the East of Brighton are proposing to be the first urban community co-operative pub in the UK and you can own shares in it. More …

ECJ puts brakes on public sector collaboration arrangements

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In 2009, the European Court of Justice held that cooperation between local authorities with the aim of ensuring that a public task that they all have to perform is carried out, is not subject to the public procurement regime provided that no private services provider is placed in a position of advantage. More …

BIS and ACAS publish more detailed guides to Shared Parental Leave and Pay

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On 18 September, the Department of Business, Innovation and Skills published an 'Employers' Technical Guide to Shared Parental Leave and Pay'. More …

Beware of Light Touch – it may trap the unwary!

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The new Directive on Public Procurement (articles 74-77) left considerable flexibility for the EU Member states to implement “national rules” around the procurement of what the Directive refers to as “social and other specific services”. More …

R (on the application of Nursing and Midwifery Council) v Wright [2014] EWHC 3078 (Admin)

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R (on the application of Nursing and Midwifery Council) v Wright - The Court refused to grant the Nursing and Midwifery Council's request for a six month extension of an Interim Suspension Order. This was on the grounds that there had been a considerable delay in the proceedings and no due consideration of workable interim conditions of practice was given. Robinson J also makes an interesting point that as the respondent's case was referred to the Health Committee, it was clearly the NMC's intention that the respondent would be able to practice again as a striking off order is not an available sanction to that Committee. More …