The European Court has upheld the long-standing principle that parties to a dispute should be able to choose their lawyers without having to go through a tender process (or use a framework).
In a decision of the High Court dated 1 March 2019, Mr Justice Spencer ruled that the “Right to Rent” scheme, which requires landlords to check the immigration status of tenants introduced in England in 2016, was discriminatory and violated the European Convention on Human Rights.
Mr Justice Spencer further ruled that the scheme should not be rolled out to the rest of the United Kingdom without further evaluation. The challenge was brought by the Joint Council for the Welfare of Immigrants (JCWI).
The “Right to Rent” scheme was trialled in the West Midlands before it was extended to all of England and requires landlords to carry out checks on prospective tenants. Failure to carry out the checks is a criminal offence which carries a maximum penalty of five years' imprisonment or a fine.
Do note however, this ruling will not automatically lead to a change in Government policy, and the “Right to Rent” scheme remains in force unless, and until, Parliament changes the law. Landlords in England must therefore continue to comply with the regulations until further notice. An appeal may of course follow.
For more information, please contact Hilary Homfray.
On 8 July, news broke of the staggering fine of more than £183m the ICO intended to levy against British Airways as a result of a hack that took place in 2018, compromising 500,000 customers' data.
The Government has been refused permission to appeal a decision ruling that transitional arrangements in public sector pension schemes are discriminatory.
The Lifeline Project was a well-regarded charity. Failure to carry out the targets within the contracts led the charity into insolvency and resulted in a personal, 7-year disqualification order.
Many local authorities have assessed that a trading subsidiary or trading structure could be beneficial as part of generating income or the service delivery matrix.
On 23 July, trainees from Anthony Collins Solicitors will host an ‘experience day’, which will involve various activities and presentations, with lawyers and non-lawyers from across the firm.
The Office of the Immigration Services Commissioner (OISC) has launched a new scheme specifically for charities and not-for-profit organisations who want to advise EU citizens on UK settlement.
In the second part of our series on contract management pitfalls, we look at the risks and opportunities presented by payment mechanisms in construction contracts.
The Government has resurrected its plans to cap the termination payments for exiting employees in the public sector.
Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
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