Legaleze news 2013 January to June
28/06/2013
Father and Son haulage firm owners sentenced for manslaughter of driver
Subject: Employment/liability for employees. Manslaughter (England, Wales)
27/06/2013
CIMA disciplinary ruling overturned by the High Court
Subject: Accountants. Law, lawmakers and lawyers
26/06/2013
ASA adjudications on Travelodge and others
Subject: Selling and marketing/Advertising Codes
26/06/2013
Early Years provider loses case v Ofsted
Subject: Child minders (England)
25/06/2013
Charity Commission publishes updated draft guidance for trustees
Subject: Charities
25/06/2013
Working Time (Amendment) Regulations 2013
Subject: Employment/Agricultural workers (England, Wales)
25/06/2013
Food Safety Agency consults on food law Code of Practice
Subject: Food business and selling (England)
24/06/2013
Consultation on REACH Annexes on nanomaterials
Subject: Chemicals/Nanomaterials (EU)
24/06/2013
Three further draft copyright exceptions published
Subject: Intellectual property/Copyright
24/06/2013
Scottish government consults on regulation of sexual entertainment venues
Subject: Sex establishments (Scotland)
24/06/2013
Large and Medium-sized Companies and Groups (Accounts and Reports) (Amendment) Regulations 2013
Subject: Limited companies/Accounts
20/06/2013
Concrete base not a ‘product’ as defined in a public liability insurance policy
Subject: Insurance/Public and product liability insurance
20/06/2013
Cosmetic Products Enforcement Regulations 2013
Subject: Cosmetic products
20/06/2013
Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013
Subject: Tobacco (Scotland)
18/06/2013
UK Action Plan to prevent the misuse of companies and legal arrangements
Subject: Company law. Money laundering regulation
18/06/2013
TV cold-calling company fined GBP225,000 after thousands of nuisance calls
Subject: Selling and marketing/Direct marketing by telephone etc
18/06/2013
MEPs strike deal with Council on mutual recognition of professional qualifications
Subject: EU mutual recognition of professional qualifications
13/06/2013
Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013
Subject: Employment/unfair dismissal
13/06/2013
Minimum wage proposed increase
Subject: Employment/National minimum wage
13/06/2013
GBP19m available for energy entrepreneurs
Subject: Government financial assistance
13/06/2013
Electronic cigarettes and other nicotine products to be classified as medicines
Subject: Medicines and healthcare products/Tobacco and nicotine products
13/06/2013
Copyright fair dealing exemption to be amended
Subject: Intellectual property/fair dealing
12/06/2013
Tooth whitening is dentistry
Subject: Healthcare and medical professions
12/06/2013
Bank of Scotland loses appeal against harassment damages
Subject: Tort. Debt collection
12/06/2013
EU regulation amends list of permitted health claims made on foods
Subject: Food selling and manufacturing
12/06/2013
ASA adjudications - EHC card website and others
Subject: Selling and marketing/Advertising Codes
12/06/2013
Beijing Treaty (WIPO) treaty for protection of audiovisual performances
Subject: Intellectual property/Copyright
12/06/2013
Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013
Subject: Financial services
12/06/2013
New consumer bill of rights announced
Subject: Selling and marketing/Sales to consumers
11/06/2013
Industrial Training Levy (Engineering Construction Industry Training Board) Order 2013
Subject: Tax (England and Wales, Scotland)
11/06/2013
Unsigned software development agreement is binding when performed by action
Subject: Selling and marketing/Contract
10/06/2013
IoD report shows EU directive ‘gold-plating’ continues
Subject: Law, Lawmakers and Lawyers
08/06/2013
Construction Products Regulations 2013
Subject: Construction products
07/06/2013
EU Commission consults on single-member limited liability companies
Subject: Business organisations/EU company law (EU)
07/06/2013
ICO fines Glasgow City Council GBP150K
Subject: Data protection
07/06/2013
FACT wins appeal against Sky tv football acquittal
Subject: Intellectual property/Copyright
06/06/2013
Regulation freeze to be extended to firms with up to 50 staff
Subject: Government SME policy.
06/06/2013
Skin care product firm wins passing off appeal
Subject: Intellectual property/Passing off
05/06/2013
Government accepts Young report recommendations
Subject: Finance and funding/Government financial assistance
04/06/2013
FCA bans retail distribution of unregulated collective investment schemes and close substitutes
Subject: Financial services
04/06/2013
Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2013
Subject: Energy related products
04/06/2013
Detergents (Amendment) Regulations 2013
Subject: Detergents
03/06/2013
Fruit punnet designer loses registered design claim but wins unregistered design
Subject: Intellectual property/Designs
30/05/2013
Charities (2008 Act) (Commencement No. 4) Order (Northern Ireland) 2013
Subject: Charities (Northern Ireland)
30/05/2013
Westminster Council lose sex establishment licence fee appeal
Subject: Provison of Services Regulations. Sex establishments
Source: British and Irish Legal Information Institute
24/05/2013
New code curbs unnecessary council safety checks
Subject: Health and safety at work
23/05/2013
Protection Of Vulnerable Adults (England and Wales)
Subject: Employment/Criminal record checking
23/05/2013
Company fined GBP133,000 after fire pollutes River Anker
Subject: Environmental and waste control (England)
22/05/2013
ASA adjudication on 25poundlogo
Subject: Selling and marketing/Advertising Codes
22/05/2013
Skip hire company and owner fined GBP5,000 for waste offences
Subject: Environment and waste control (England)
22/05/2013
High Court rules Marks and Spencer infringed Interflora’s trade marks
Subject: Intellectual property/trade marks
21/05/2013
Court of Appeal allows crane drivers’ work in jury appeal
Subject: Health and safety at work
15/05/2013
ASA adjudications on a book your driving test site
Subject: Selling and marketing/Advertising Codes
14/05/2013
William Hill loses betting levy appeal
Subject: Betting and gaming
14/05/2013
BIS announces GBP440 million funding for innovative companies
Subject: Finance and funding/Government financial ssistance
13/05/2013
High Court rejects non-compete clause in wealth management director’s contract
Subject: Employment/Contracts of employment/Post-termination restrictions
08/05/2013
ASA adjudications: Voluntary Service Overseas
Subject: Selling and marketing/Advertising Codes
04/05/2013
Scottish court rejects Scotch Whisky Association case on alcohol pricing
Subject: Alcohol sale and licensed activities (Scotland)
02/05/2013
Enterprise and Regulatory Reform Act 2013 enacted
Subject: Law reform of various subjects
02/05/2013
EU improving access to finance for SMEs
Subject: Finance and funding/Government financial assistance
02/05/2013
BIS publishes template documentation for an employee-owned company
Subject: Business organisations/Co-operatives
01/05/2013
ASA adjudications - Modelsindemand.co.uk
Subject: Selling and marketing/Advertising Codes
30/04/2013
Employee share ownership measures come into force
Subject: Employment/share ownership. Company law
30/04/2013
The Mobile Homes (Selling and Gifting) (England) Regulations 2013
Subject: Caravan sites and mobile home parks (England)
26/04/2013
Licensing Act 2003 changes indoor events
Subject: Alcohol sale and licensed activities (EW)
25/04/2013
'Employee-owner status passed into law
Subject: Employment
25/04/2013
Review of the regulation of cosmetic interventions
Subject: Healthcare professionals
24/04/2013
ASA adjudications - International Bodyworks weight loss products
Subject: Selling and marketing/Advertising Codes
17/04/2013
BIS announces ‘superfast’ patent service
Subject: Intellectual property/Patents
12/04/2013
GBP 300 million boost for SME lending
Subject: Finance and funding/Government assistance
10/04/2013
ASA adjudications: Airport taxi service, Virgin Media Ltd and others
Subject: Selling and marketing/Advertising Codes
04/04/2013
John Lewis loses price comparison website claim
Subject: Competition law
04/04/2013
New Anglia GBP 3 million growing business fund
Subject: Finance and funding/Government financial assistance
03/04/2013
Poultry unit fined and ordered to pay costs of over GBP 50,000
Subject: Environment and waste control (EW)
03/04/2013
HMRC publish guide on Gift Aid Small Donations Scheme
Subject: Charities/Funding regulation
03/04/2013
ASA adjudications: Groupon deal
Subject: Selling and marketing/Advertising Codes
27/03/2013
Government pilots trade credit scheme via EFG
Subject: Finance and funding/Government financial assistance
27/03/2013
ASA adjudications: Virgin Media
Subject: Selling and marketing/Advertising Codes
26/03/2013
Mobile Homes Act 2013
Subject: Caravan and Mobile Home Sites
26/03/2013
Greek yoghurt must be made in Greece
Subject: Intellectual property/passing off
18/03/2013
Automatic pension enrolment earnings trigger increased
Subject: Pensions
14/03/2013
LIBOR regulated under FSMA
Subject: Financial services
13/03/2013
ASA adjudications on Conservatory Outlet Ltd and others
Subject: Selling and marketing/Advertising Codes
11/03/2013
Guidance on late payments legislation
Subject: Selling and marketing/contract for sale (England, Northern Ireland, Wales)
07/03/2013
ICO publishes ‘BYOD’ guidance
Subject: Data protection
07/03/2013
FSA consults on new regulatory regime for consumer credit
Subject: Consumer credit
06/03/2013
OFT acts against payday lenders
Subject: Consumer credit/payday lenders
06/03/2013
No protection for victimisation after termination of employment
Subject: Employment/Victimisation
06/03/2013
ASA adjudications/estate agent’s ad
Subject: Selling and marketing/Advertising Codes
05/03/2013
Wales legislates on food hygiene rating
Subject: Food selling and manufacturing
05/03/2013
New explosives regulations
Subject: Health and safety at work
04/03/2013
Transfer of vehicle in satisfaction of a debt not a ‘sale’
Subject: Sale of goods/Hire purchase
01/03/2013
Solicitors’ firm win blanket notification case against insurers
Subject: Insurance
01/03/2013
HGV Road User Levy enacted
Subject: Transport of goods/Road
27/02/2013
Company law deregulation announced
Subject: Government SME policy. Law, lawmakers and lawyers
27/02/2013
Old Vic website not compliant with Advertising Code
Subject: Selling and marketing/Advertising Codes
26/02/2013
Charity Commission warns on fraudulent fundraisers
Subject: Charities/Fundraising
25/02/2013
ICANN to operate global repository for trademark data
Subject: Intellectual property/Domain names
25/02/2013
New late payment regulations
Subject: Selling and marketing/contract for sale (England, Northern Ireland, Wales)
25/02/2013
New Primary Ophthalmic Services Regulations
Subject: Opthalmic Services (England)
25/02/2013
New NHS pharmacy regulations
Subject: Pharmacies (England)
22/02/2013
Mercedes-Benz and three of dealers pay fines totalling GBP 2.6 million
Subject: Competition law
22/02/2013
Factory owner 40% responsible but awarded 100 per cent of fire damage loss
Subject: Contract/remedies for breach/damages
22/02/2013
Government publishes Enterprise and Regulatory Reform Bill: policy paper
Subject: Law reform
21/02/2013
Result of consultation on implementation of revised EU Late Payment Directive
Subject: Finance and funding. Selling and marketing/payment
20/02/2013
AD plant operator fined GBP 30K following escape of liquid causing pollution
Subject: Environment and waste control
20/02/2013
Credit Reference Agency wins appeal from HC order to pay compensation
Subject: Data protection/Credit Reference Agencies
20/02/2013
ASA adjudications
Selling and marketing/Advertising Codes
18/02/2013
SME Access to finance schemes
Subject: Finance and funding
18/02/2013
Charity Commission news
Subject : Charities
18/02/2013
Failure to pay instalments means seller keeps goods but buyer must pay balance
Subject: Marketing and selling/Sale of goods
16/02/2013
Employee Ownership & Share Buy Backs
Subject: Government SME policy. Business organisations.
14/02/2013
Court rules that Engineer’s delay renders him liable for drop in property value
Subject: Selling and marketing/Limitation of liability
13/02/2013
Exemptions from bus and coach passenger rights (E, S, W)
Subject: Transport of passengers
13/02/2013
ASA Adjudication on Admiral Insurance Services Ltd
Subject: Selling and marketing/Advertising Codes
11/02/213
Director fined and disqualified following HSE unsafe roof work prosecution
Subject: Health and safety at work
11/02/2013
Timber products regulations to come into force
Subject: Timber and timber products
08/02/2013
Land bank scheme declared illegal
Subject: Financial services
08/02/2013
Proposed amendment to the Provision of Services Regulations
Subject: Selling and marketing/Supply of services
08/02/2013
FSA consults on enforcement powers
Subject: Financial services
07/02/2013
Tobacco display legislation in Scotland
Subject: Tobacco (Scotland)
07/02/2013
ATP rules on carrying perishable foodstuffs in road vehicles
Subject: Goods transport
07/02/2013
Guidance on transporting dangerous goods by road
Subject: Goods transport
04/02/2013
Phonepayplus consults on prior permission regime
Subject: Telecommunications/Premium rate telephone regulation
01/02/2013
Charity Commission publishes new guidance
Subject: Charities (EW)
01/02/2013
Ryanair loses EU compensation case
Subject: Holidays and travel
01/02/2013
Red Tape Challenge to remove building and planning regulations
Subject: Building and construction work (EW)
01/02/2013
FSA publishes Interest Rate Hedging Products pilot findings
Subject: Finance and funding
01/02/2013
ASA bans Cancer Research UK ad
Subject: Selling and marketing/advertising and marketing regulation
01/02/2013
History Channel loses claim against Discovery History Channel
Subject: Intellectual property/Trade marks/Passing off
31/01/2013
ICO changes cookie policy
Subject: Selling and marketing/e-commerce/cookies
29/01/2013
Legal deposit for web and other non-print works
Subject: Intellectual property/Copyright/Legal deposit libraries
29/01/2013
Disclosure of cautions to employers contrary to HRA
Subject: Employment. Law, lawmakers and lawyers
29/01/2013
BIS responds to consultation on private actions in competition law
Subject: Competition law
26/01/2013
DfT publishes list of approved air cargo agents
Subject: Air cargo agents
26/01/2013
Age restricted products regulators code of practice issued
Subject: Regulated products and services (EW)
26/01/2013
BIS publishes results of consultation on employee ownership
Subject: Employment/Employee owner status
24/01/2013
ICO imposes GBP 250,000 penalty on Sony
Subject: Data protection
23/01/2013
Food Standards Agency will prosecute farmer and store for selling raw milk
Subject: Food selling and manufacturing
23/01/2013
ASA adjudications on Pound to Pocket TV ad
Subject: Selling and marketing/advertising and marketing regulation
22/01/2013
Westminster restaurateur wins pavement table case
Subject: Business premises. Restaurants and catering
21/01/2013
Shop owners fined for under age cigarette and alcohol sales
Subject: Selling and marketing/Sale of tobacco’sale of alcohol
21/01/2013
Malt producer fined for oil pollution of river
Subject: Environment and waste control
21/01/2013
Food Standards Agency pledges to cut red tape for food manufacturers
Subject: Food selling and manufacturing
17/01/2013
Consultation on Employment Agencies regulation
Subject: Employment agencies
17/01/2013
Government response to consultation on ending the employment relationship
Subject: Employment/termination
17/01/2013
Government consults on TUPE changes (again!)
Subject: Employment/Transfer of Undertakings Regulations
16/01/2013
Consultation on the Bread and Flour Regulations 1998
Subject: Food selling and manufacturing (England)
16/01/2013
Doubled small business rate relief extended for a further year
Subject: Taxes/Business rates (England)
16/01/2013
Ofcom fines Playboy GBP 100,000 for failing to protect children
Subject: On-demand programme service/Children and young persons
16/01/2013
ASA adjudications: Money Shop and e-cigs ads banned
Subject: Selling and marketing/advertising and marketing regulation
15/01/2013
Christian care worker may be required to work on Sundays
Subject: Employment/discrimination, religious/Sunday working
15/01/2013
Food Safety Agency to consult on new EU Food Information Regulation
Subject: Food manufacturing and selling
15/01/2013
Carrier bag levy to be introduced in Northern Ireland
Subject: Environment and waste control/Carrier bags (NI)
15/01/2013
Removal firm loses claim based on contract made at customer’s home
Subject: Selling and marketing/Doorstep selling regulations
14/01/2013
Government start up support for disabled entrepreneurs
Subject: Finance and funding/Government financial assistance
11/01/2013
Cambridge firm and consultant fined over chemical exposure
Subject: Health and safety at work
11/01/2013
Landscape gardener given suspended prison sentence after death of worker
Subject: Health and safety at work
11/01/2013
Three Scottish independent schools fail charity test
Subject: Charities. Education: independent schools
11/01/2013
Firm loses claim v RBS over interest rate swap
Subject: Finance and funding/borrowing/interest rate hedging
10/01/2013
Media buying co enforces an oral contract
Subject: Selling and marketing/contracts oral or writing (England and Wales)
08/01/2013
BIS propose Pubco statutory code
Subject: Competition law. Public houses.
07/01/2013
Government to cut back on entertainment licensing red tape
Subject: Alcohol sale and other licensed activities (England and Wales)
07/01/2013
Warning of deadline for Darlington firm’s waste
Subject: Environment and waste control
07/01/2013
Government consultation on extending copyright term in sound recordings
Subject: Intellectual property/Copyright
04/01/2013
Liverpool to introduce landlord licence
Subject: Landlords
03/01/2013
Start-Up Loans get GBP 30 million funding increase
Subject: Finance and funding/Government financial assistance
03/01/2013
Pubs deadline to register for MGD
Subject: Gambling. Public houses.
02/01/2013
Family put at risk by Bradford landlord
Subject: Health and safety at work/Landlords and building managers