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EU regulations

Micro firms still hit by a raft of EU regulations as moratorium on regulation begins  

The Federation of Small Businesses (FSB) is warning that micro firms will still be hard hit by the large number of regulations that come from Europe, as the moratorium on regulation begins.

The Government has put in place a moratorium for micro firms on all new domestic regulations for the next three years. But ahead of the Common Commencement Date tomorrow (Wednesday 6) which sees all new laws and regulations come into force, the FSB is concerned that micro firms are going to be hit hard by new regulations that come from Europe – 72 per cent of the total cost of UK regulation now originates from Brussels.  
The overall cost of red tape to businesses in the EU is €124 billion a year and there have been more than 100,000 pages of new EU regulations since 1997. New regulations coming from Europe that will impact micro and small firms include:

  • - Agency Workers Directive
  • - Regulation of working time for self-employed lorry and coach drivers
  • - Parental Leave Directive
  • - Pregnant Workers Directive
  • - Capital Rights Directive 4

The FSB is calling on Government to push for stronger changes in the EU to ensure that this constant flow of extra burdens ceases.
The FSB is urging MEPs and Commission Officials to ‘think small first’ and introduce a one in one out rule for all Commission proposals. The FSB is also disappointed that the Government appears to have decided to remove some large regulatory changes from the moratorium – including the extension to paternal leave and pay and the removal of the default retirement age – both of which impose a big burden on small businesses.  

Research by the FSB shows that four in 10 small firms believe that a moratorium on new regulations would have a positive impact on their business, however more than a third of small firms do not feel that the budget will help to tear down the barriers of enterprise.  For the moratorium to truly work and to help small firms grow, small businesses need to have confidence that it will be put in place properly and that the regulations that impose the greatest burden to their business – employment regulation – will be included.  John Walker, National Chairman, Federation of Small Businesses, said:

“This Common Commencement Date is an important one because it sees the beginning of the three year moratorium on regulation for micro firms. The FSB has welcomed the Government’s commitment to help ease the burden of regulation on these businesses, but we are concerned that regulations coming in from Europe will hit small firms harder and as a result they will feel the impact of these on their firm much more.  “
If the burden of unnecessary regulation is lifted from small businesses, they would be free to get on with creating wealth, jobs and growth.  It is worth remembering that if only 50 per cent of the EU's small businesses employed just one extra person there would be an additional 10 million jobs."

“Micro firms will be in a much better position to plan for their future, grow, innovate and take on new staff, without the worry of constant changes to the law, yet it is disappointing that some of the most burdensome aspects of employment regulation are not included.”


FSB News Release

PR/2011/29Issue date: Tuesday 5 April 2011  

Posted On : April 5 , 2011



In N v F the court considered pre-acquired wealth after a long marriage and included more than half of the pre-acquired wealth in the pot and Mostyn J followed the approach of Wilson LJ adopted in Jones v Jones [2011] EWCA Civ 41:  

  • 1. The court should first decide whether the existence of pre-marital property should be reflected at all. This depends on questions of duration and mingling.

  • 2. If it does decide that reflection is fair and just, the court should then decide how much of the pre-marital property should be excluded. Should it be the actual historic sum? Or less, if there has been much mingling? Or more, to reflect a springboard and passive growth?

  • 3. The remaining matrimonial property should then normally be divided equally.

  • 4. The fairness of the award should then be tested by the overall percentage technique. A party’s needs has a great impact on how the property is divided.

Posted On : March 29 , 2011



"The government unveiled new immigration rules on 16 March 2011 that will give wealthy entrepreneurs a ‘fast-track’ route to settling in the UK.

It also published a policy statement outlining how the new 'exceptional talent' route under Tier One of the points-based system will operate from April this year.

Under the new rules, those who come to the UK and invest £5m will be allowed to settle here after three years, and those who invest £10m or more will be allowed to settle after two.

Entrepreneurs will be able to settle in the UK more quickly if they create 10 jobs or turn over £5m in a three-year period. This compares with the minimum five-year requirement currently in place.

The government also announced the creation of a new visit visa for prospective entrepreneurs, allowing them to enter the UK to secure funding and make arrangements to start their business.

Those seeking to come into the UK under the Tier One Exceptional Talent category, which facilitates the entry of up to 1,000 people a year who are recognised as leaders in the fields of science, arts and humanities, will not need to be sponsored by an employer but endorsed by an accredited competent body.

Those admitted under this category will initially be granted leave of three years and four months, but will be able to extend their stay for a further two years, with settlement available after five years.

Immigration minister Damian Green said: ‘Today I have sent out a clear message - the UK remains open for business and we want those who have the most to offer to come and settle here.

‘Entrepreneurs and investors can play a major part in our economic recovery and I want to do everything I can to ensure that Britain remains an attractive destination for them.’"

Source: Law Society Gazzette

Posted On : March 23 , 2011



Risk assessments by employer is paramount in deciding damages to an injured employee.


Mr Uren was a member of the RAF who suffered a spinal injury when taking part in a ‘health and fun day’, during which he dived head first into an inflatable pool containing water with a depth of 18 inches while competing to collect pieces of plastic fruit.


Uren v Corporate Leisure (UK) Ltd and Ministry of Defence

For further information see:

Posted On : March 15 , 2011


Personal Injury

Justice ministry hopes to remove clinical negligence from legal aid and make claimants pay fees and premiums out of damages
For further information see:

Posted On : March 3 , 2011



Supreme Court has made a ruling that shouting at a partner/spouse/boyfriend or girlfriend constitutes violence and that the victim could apply for remedies such as evicting the abusive partner/spouse/boyfriend or girlfriend.
For further information see:

Posted On : January 27 , 2011



All parties in family disputes will be required to attend a mediation awareness session before taking their case to court from 6 April, unless there are allegations of domestic violence or child protection issues.
The parties should use an accredited mediator. They may be able to ‘escape’ this requirement because of the shortage of properly accredited mediators.
For more information see:

Posted On : March 3 , 2011