Austin v Miller Argent (South Wales) Ltd – WLR Daily

Posted July 23rd, 2014 in damages, EC law, law reports, nuisance, protective costs orders by michael

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012;  [2014] WLR (D)  331

‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’

WLR Daily, 21st July 2014

Source: www.iclr.co.uk

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Torresi v Consiglio dell’Ordine degli Avvocati di Macerata; Same v Same – WLR Daily

Posted July 23rd, 2014 in EC law, freedom of movement, law reports, legal profession by michael

Torresi v Consiglio dell’Ordine degli Avvocati di Macerata; Same v Same (Joined Cases C-58/13 and C-59/13 ECLI:EU:C:2014:2088;  [2014] WLR (D)  323

‘Article 3 of Parliament and Council Directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained (OJ 1998 L77, p 36) meant that no abuse could be identified in the fact that a national of a member state who, after successfully obtaining a university degree, had travelled to another member state in order to acquire the professional qualification of lawyer and then returned to the member state of which he was a national in order to practise the profession of lawyer under the professional title obtained in the member state where that professional qualification was acquired.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Tahir v Ministero dell’Interno and another – WLR Daily

Posted July 23rd, 2014 in EC law, families, freedom of movement, law reports by michael

Tahir v Ministero dell’Interno and another (Case C-469/13) ECLI:EU:C:2014:2094;  [2014] WLR (D)  322

‘Articles 4(1) and 7(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L16, p 44) (as amended) meant that family members of a person who had already acquired long-term resident status could not be exempted from the condition laid down in article 4(1), under which, in order to obtain that status, a third-country national had to have resided legally and continuously in the member state concerned for five years immediately prior to the submission of the relevant application. Article 13 did not allow a member state to issue family members, as defined in article 2(e), with long-term residents’ EU residence permits on terms more favourable than those laid down by the Directive.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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EU report finds no evidence to support sweeping immigration reforms – The Guardian

Posted July 23rd, 2014 in EC law, immigration, news, reports by michael

‘A government review looking into freedom of movement across the EU has not recommended any sweeping reforms to immigration rules in a report likely to disappoint Conservative Eurosceptics.’

Full story

The Guardian, 22nd July 2014

Source: www.guardian.co.uk

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Google “Right to be forgotten” – freedom of expression v privacy – Halsbury’s Law Exchange

Posted July 21st, 2014 in EC law, freedom of expression, internet, news, privacy by sally

‘In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?’

Full story

Halsbury’s Law Exchange, 17th July 2014

Source: www.halsburyslawexchange.co.uk

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Ahmad v Secretary of State for the Home Department (AIRE Centre intervening) – WLR Daily

Ahmad v Secretary of State for the Home Department (AIRE Centre intervening); [2014] EWCA Civ 988; [2014] WLR (D) 318

‘The conditions in article 7(1) of Parliament and Council Directive 2004/38/EC, as implemented by the Immigration (European Economic Area) Regulations 2006, were to be strictly interpreted on the basis that the right to a permanent residence card was a privilege which was not conferred unless there was strict and literal compliance with the conditions therein. They were not to be interpreted under European Union law in a dynamic way such that it was enough if they were substantially or functionally fulfilled.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

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YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another – WLR Daily

Posted July 18th, 2014 in data protection, EC law, government departments, immigration, law reports by tracey

YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another; (Joined Cases C-141/12 and C-372/12) ECLI:EU:C:2014:2081; [2014] WLR (D) 324

‘Article 2(a) of Parliament and Council Directive 95/46/EC meant that data relating to an applicant for a residence permit contained in an administrative document amounted to “personal data”. Article 12(a) of Directive 95/46 and article 8(2) of the Charter of Fundamental Rights of the European Union meant that an applicant for a residence permit had a right of access to all personal data concerning him which were processed by the national administrative authorities within the meaning of article 2(b). For that right to be complied with, it was sufficient that the applicant was in possession of a full summary of those data in an intelligible form, which allowed the applicant to become aware of those data and to check that they were accurate and processed in compliance with that Directive, so that he could, where relevant, exercise the rights conferred on him by that Directive. Article 41(2)(b) of the Charter meant that the applicant for a residence permit could not rely on that provision against the national authorities.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Emergency data retention law could fail same tests as the existing law – OUT-LAW.com

Posted July 15th, 2014 in bills, EC law, electronic mail, news, telecommunications by tracey

‘FOCUS: The new law proposed by the UK government to ensure that telecoms companies keep communications data for a year could be challenged in the same way as the court-revoked law it is replacing.’

Full story

OUT-LAW.com, 15th July 2014

Source: www.out-law.com

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Supreme Court: BT entitled to introduce new charging regime for connecting ’08′ calls from mobile networks – OUT-LAW.com

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ’0800′, ’0845′ and ’0870′ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

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OUT-LAW.com, 11th July 2014

Source: www.out-law.com

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Brussels takes UK to court over boats using red diesel – BBC News

Posted July 11th, 2014 in customs and excise, EC law, energy, news, taxation by sally

‘The European Commission is taking the UK to court in a long-running row over its policy of allowing leisure boats to use lower-taxed red diesel.’

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BBC News, 10th July 2014

Source: www.bbc.co.uk

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Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted July 11th, 2014 in competition, contracts, EC law, news, Supreme Court, telecommunications by sally

‘The Supreme Court yesterday handed down judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors [2014] UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), Lord Sumption for a unanimous Supreme Court held that there had been no basis for Ofcom to disallow BT’s introduction of “ladder pricing” in wholesale termination charges for certain non-geographic telephone numbers (specifically 080, 0845 and 0870, whence the litigation’s popular name among telecoms lawyers: “08- numbers”).’

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Competition Bulletin from Blackstone Chambers, 10th July 2014

Source: www.competitionbulletin.com

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Emergency surveillance law to be brought in with cross-party support – The Guardian

Posted July 10th, 2014 in bills, EC law, internet, news, privacy, telecommunications by sally

‘Controversial emergency laws will be introduced into the Commons next Monday to reinforce the powers of security services to require phone companies to keep records of their customers’ calls.’

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The Guardian, 10th July 2014

Source: www.guardian.co.uk

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British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) – Supreme Court

Posted July 9th, 2014 in competition, contracts, EC law, law reports, telecommunications by sally

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) [2014] UKSC 42 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Ministers push for new legislation to track phone usage – The Guardian

‘Ministers are poised to pass emergency laws to require phone companies to log records of phone calls, texts and internet usage, but Labour and Liberal Democrats are warning that they will not allow any new law to become a backdoor route to reinstating a wider “snooper’s charter”.’

Full story

The Guardian, 6th July 2014

Source: www.guardian.co.uk

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UK news organisations criticise Google over implementation of new law – The Guardian

Posted July 4th, 2014 in EC law, internet, media, names, news, privacy by tracey

‘Google has come under fire for its “clumsy” approach to obeying Europe’s new “right to be forgotten” law, after it began blocking some name-based searches to articles on the websites of UK news organisations. The Guardian, Daily Mail and BBC complained about the search engine implementing a ruling made in May by Europe’s highest court, the European court of justice, by starting to remove links to some pages when searches are made against particular names.’

FUll story

The Guardian, 3rd July 2014

Source: www.guardian.co.uk

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Avoiding the clinch: judicial respect for the rules inherent to sport – Competition Bulletin from Blackstone Chambers

‘In a recent bout in the High Court, the specificity of sporting disputes once again came to the fore. In Bruce Baker v British Boxing Board of Control [2014] EWHC 2074 (QB), 25 June 2014, Sir David Eady was faced with the old chestnut of a request for a court to interfere with a national sporting body’s decision to sanction one of its participants. One interim application later, and the BBBC was still standing.’

Full story

Competition Bulletin from Blackstone Chambers, 1st July 2014

Source: www.competitionbulletin.com

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Exceptional cases: High Court widens scope of LASPO and declares guidance unlawful – Legal Aid Handbook

‘The High Court recently gave judgement in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin).’

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Legal Aid Handbook, 1st July 2014

Source: www.legalaidhandbook.com

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Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening); [2014] EWCA Civ 854; [2014] WLR (D) 281 – WLR Daily

Posted June 27th, 2014 in asylum, EC law, human rights, Islam, law reports, religious discrimination by tracey

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening): [2014] EWCA Civ 854; [2014] WLR (D) 281

‘The removal of a female Muslim claimant of school age to France, where she had first claimed asylum and which had accepted responsibility for that claim, did not breach her Convention rights to a private and family life and freedom of religion by reason of a French law prohibiting the wearing of religious symbols and clothing in state schools.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

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Dreadlock holiday pay – Hardwicke Chambers

Posted June 26th, 2014 in EC law, employment tribunals, holiday pay, news, remuneration, working time by sally

’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’

Full story

Hardwicke Chambers, 10th June 2014

Source: www.hardwicke.co.uk

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Dawson v Thomson Airways Ltd – WLR Daily

Posted June 25th, 2014 in airlines, carriage by air, compensation, delay, EC law, law reports, limitations by sally

Dawson v Thomson Airways Ltd [2014] EWCA Civ 845; [2014] WLR (D) 279

‘The limitation period applicable to a claim brought in England for compensation for cancellation or delay under articles 5 and 7 of Parliament and Council Regulation (EC) No 261/2004 was the six-year period prescribed by section 9 of the Limitation Act 1980.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

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