Viewing: Legal Updates
BWB regular legal updates, newsletters and bulletins
Our latest Charity and Social Enterprise update covers the implications of the draft Protection of Charities Bill, the problems facing charities in terrorist-controlled areas, the immigration implications of restructuring, the new rules for charity lotteries, charity brand counterfeiting and preventative measures, as well as our regular roundups and more.
The Supreme Court has ruled (by a 5:2 majority) that the Attorney General unlawfully blocked the release of letters sent by Prince Charles to government departments. R (on the application of Evans) v Attorney General  UKSC 21 concerned a Guardian journalist’s request for the letters in 2005 under the Freedom of Information Act 2000 (FOIA) and Environmental Information Regulations 2004 (EIR).
Social media cases are often newsworthy, particularly where the conduct of individuals occurs outside work on their own personal social media accounts. A review of the reported cases highlights the extent to which, in certain circumstances, Tribunals are willing to find in favour of an employee. Central to any Tribunal’s decision making will be the extent to which an employer implemented and communicated a social media policy, whether a fair disciplinary process was followed, and whether the employer had carried out an assessment of the potential damage caused to it by an employee’s comments.
In the case of Lock v British Gas Trading Ltd, the employment tribunal has confirmed that UK domestic legislation can be interpreted so as to require employers to take commission payments into account when calculating a worker’s holiday pay i.e. in line with an earlier ECJ judgment in the case.
The Law Commission has published its long awaited consultation on certain technical aspects of charity law.
Next week the BWB Briefing takes a pre-Easter break. Our next Briefing will be sent out the week after Easter.
Updates have been announced for Entrepreneur's Relief, EIS and R&D tax credits in the latest Budget.
Yesterday's Budget contained some interesting points for those keeping a watchful eye on developments in Social Investment Tax Relief and Social Venture Capital Trusts.
The Stephen Lloyd Awards is seeking ideas and projects that can lead to practical, sustainable social change. The awards committee is particularly interested in supporting ideas that address social problems at a systemic level. If you would like to apply, please click here.
Our latest Public & Regulatory update covers the general power of competence, personal data changes, the new procurement rules, judicial review reforms, and the basics of non-party election campaigning.
Want to hear from the new Chief Executive of the Charity Commission, Paula Sussex? Book your place for this year’s DSC Annual Charity Law Conference where Paula will be taking part in the plenary debate. Other sessions include updates on charity law, tax and VAT, employment, fundraising, serious incident reporting and board effectiveness.
The Joint Committee report on the draft Protection of Charities Bill was published last week. BWB Partner Stephanie Biden was specialist advisor to the Committee.
The Stephen Lloyd Awards are now open for applications. See today’s Briefing for details.
The High Court has found that regulations determining when legal service providers can be paid for legal aid work in judicial review claims are unlawful, following a challenge brought by four law firms and Shelter, a housing and homelessness charity. The case was supported by evidence from a number of other law firms and charities, including Coram Children’s Legal Centre, the Howard Legal for Penal Reform, and Medical Justice. This case will be of particular interest to those charities/NGOs whose area of interest or campaign objectives are affected by judicial review.
The High Court has found that regulations determining when legal service providers can be paid for legal aid work in judicial review claims are unlawful, following a challenge brought by a four law firms and Shelter, a housing and homelessness charity. The case was supported by evidence from a number of other law firms and charities, including Coram Children’s Legal Centre, the Howard Legal for Penal Reform, and Medical Justice. This case will be of particular interest to those charities/NGOs whose area of interest or campaign objectives are affected by judicial review.
“Vape” was the English word of 2014, according to the Oxford English Dictionary. This was the first time that many people will have become familiar with the concept of e-cigarettes and, particularly, ‘vaping’. E-cigarettes are battery operated devices, shaped like cigarettes or cigars, which have a heating element that vaporises a liquid solution and the vapour is then inhaled. The liquid usually contains nicotine, and may contain flavouring (a vaping café in Shoreditch boasts dozens of flavours, including bubblegum).
Charity Commission consultation on The Essential Trustee
BWB has submitted its response to this important consultation. See today’s Briefing for comment from BWB’s Leona Roche.
DSC/BWB Annual Charity Law Conference – 14th May
Early bird booking is now open for this year’s conference. See here for the full brochure.”
In February 2015 UK Visas and Immigration (‘UKVI’ - formerly the UK Border Agency) will present to Parliament proposed changes to the Immigration Rules (‘the Rules’) to come in to effect in April 2015. A primary objective of the changes is to provide more flexibility as well as greater clarity in respect of the activities that can be performed by visitors.
Tribute to Daniel Phelan
BWB sends its warm condolences to all at Civil Society for the very sad loss of Daniel Phelan, publisher of Civil Society, social entrepreneur, wise leader and generous friend of the sector. We will miss Daniel very much and the sector owes him a huge debt of gratitude. Please see below for longer tributes from Rosamund McCarthy and Tesse Akpeki.
Ed Miliband this week suggested that a future labour government would double the amount of paid paternity leave from two to four weeks. Paternity pay would also be increased to £260 a week, which is over £100 more than at present. The proposal attracted a great deal of attention and criticism, with some viewing it as a “tax on business”.
BWB was the lead legal advisor to the first two social impact bonds to make use of social investment tax relief. The purpose of the social impact bonds is to improve accommodation and work outcomes for young homeless people across the Midlands. BWB’s David Hunter comments in today’s Briefing.
BWB has now moved to its new offices at 10 Queen Street Place. Click here to view directions to our new location.
The latest instalment of the long-running Woolworth’s case has just emerged in the form of the ECJ Advocate-General’s opinion that an ‘establishment’ is a “local employment unit”.