Some law firms have started to encourage their clients to leave their usernames and passwords in their Wills as according to the terms and conditions of various online services such details cannot be passed to the next of kin and the accounts cannot be closed.

The Times has stated that Facebook and MySpace allow close family to shut down or otherwise "memoralise" profiles, meaning the account is frozen but preserved indefinitely. Yahoo does not grant access at all. Google requires a court order from a US court of law before passing details of a deceased person's e-mail. 

Source of Information: The Times, 13 October 2011

 

From 1 October 2011 Agency Workers have new rights as set out below:

1. From day one - entitlement to equal treatment: agency workers can have access to 
    1.1 shared facilities and amenities, or services provided by the hirer
     1.2 information on current vacancies of the hirer

2. After 12 weeks - agency workers are entitled to the same basic terms and conditions in respect of
    2.1 basic pay including holiday pay, overtime and bonuses linked to performance
    2.2 duration of working time - for example not having to work more than 48 hours a week if those directly recruited   are not 
    2.3 annual leave
    2.4 night work
    2.5 rest breaks and rest periods

For more information please see: http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_198913

 

Under the current rules, employee must have been with an employer before they can make a claim for under dismissal. This qualifying period will be increased to two years from 6 April 2012.

Source of information: http://www.direct.gov.uk/en/Nl1/Newsroom/DG_199636

 

 

Court of Justice of the European Union

Published August 27, 2011

Fuchs v Land Hessen

Case C-159/10

Köler v Same

Case C-160/10

Before President J. N. Cunha Rogrigues with Judges A. Rosas, U. Lomas, A. O’Caoimh and P. Lindit (Rapporteur)

Advocate-General Y. Bot

Judgment July 21, 2011

"The Directive establishing equal treatment in employment and occupation did not preclude a law providing for the compulsory retirement age of permanent civil servants at the age of 65, while allowing them to continue to work, if it was in the interests of the service that they should do so, until the maximum age of 68.

THE court of Justice of European Union ruled

First, that Council Directive 2000/78/EC which established a general framework for equal treatment in employment and occupation did not preclude a law which provided for the compulsory retirement of permanent civil servants, in this instance prosecutors, at the age of 65, while allowing them to continue to work, if it was in the interests of the service that they should do so, until the maximum age of 68, provided that that law had the aim of establishing a balanced age structure in order to encourage the recruitment and promotion of young people, to improve personnel management and thereby to prevent possible disputes concerning employees’ fitness to work beyond a certain age, and that it allowed that aim to be achieved by appropriate and necessary means.

Second, in order for it to be demonstrated that the measure concerned was appropriate and necessary, the measure must not appear unreasonable in the light of the aim pursued and had to be supported by evidence, the probative value of which it was for the national court to assess."

 

Source: the Times August 27 2011

 

 

 

 

A tenant brought a claim against a landlord for breach of covenant in respect of damp and mould throughout the rented flat. The tenant later appealed against the judge's decision not to include damage to plaster in the award he made in favour of the tenant. The tenant submitted that the landlord should have been liable to repair the damaged plaster. The question later was whether the plaster formed part of the building structure in which case the landlord would have been responsible to repair the wall.

The Court of Appeal held in May that plasterwork generally was part of the structure.

For further details please refer to http://www.thetimes.co.uk/tto/law/reports/article3151548.ece (subscription may be required)

 

The Bribery Act 2010 received the Royal Assent April last year and came into force June 2011.

Quoted from the Law Society,

"The act creates three main offences:

• bribing a person to induce or reward them to perform a relevant function improperly
• requesting, accepting or receiving a bribe as a reward for performing a relevant function improperly
• using a bribe to influence a foreign official to gain a business advantage."

It suffices if the person committing the offence has connections with the UK and not necessary been a British Citizen.

More information can be obtained from the following website: http://www.lawsociety.org.uk/productsandservices/practicenotes/briberyact/4970.article#ba1_1

 

Significant changes to the Tier 4 student route of the points-based system came into effect earlier this month.

The revised immigration rules:

• "restrict work entitlements, by only allowing students sponsored by higher education institutions (HEIs) and publicly funded further education colleges to work part-time during term time and full-time during vacations;

• restrict sponsorship of dependants to those of students sponsored by HEIs on postgraduate courses lasting 12 months or longer, and of government-sponsored students on courses lasting longer than 6 months;

• require institutions to confirm that courses represent genuine academic progression from any previous courses studied by the student in the UK; and

• create a streamlined application process for low-risk nationals sponsored by Highly Trusted sponsors."

 The new versions of these forms can be accessed on the UKBA website.

MPs have said that the government has rushed plans to curb student visas, saying the restrictions could cost the economy £3.4 bn.

 

Although Sharia Courts have been given power to rule on Muslim civil cases and their decisions are enforceable through the county court and the High Court, the government has decided against legalising multiple Islamic marriages.

For more information please read:

http://www.telegraph.co.uk/news/uknews/8653300/Coalition-rules-out-legalising-multiple-Islamic-marriages-after-Whitehall-leak.html

and

http://www.timesonline.co.uk/tol/comment/faith/article4749183.ece

 

A husband of a wealthy wife (£58.8m gross by date of trial; £28.3m at date of separation) could only get 9.3% of the assets (£5.3m) because the assets were entirely non-matrimonial, they were ring fenced and the wife had lived extremely modestly throughout her marriage of over 20 years. The court held that 'special contribution' does not apply to non-matrimonial property.

 

UK has delayed EU's Privacy and Communications Directive in respect of cookies for one year, the effect of which is that user's consent should be obtained for the replacement of cookies on their computers.

Ed Vaizey, the communications minister said "We recognise that some website users have real concerns around online privacy but also recognise that cookies play a key role in the smooth running of the internet" .