R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. – Supreme Court

R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. [2015] UKSC 6 (YouTube

Supreme Court, 25th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Comments Off

Access all areas? – New Law Journal

‘Overriding lawyer-client & confidential communications is incompatible with the rule of law, as Nicholas Griffin QC, Robert O’Sullivan QC & Gordon Nardell QC explain.’

Full story

New Law Journal, 27th February 2015

Source: www.newlawjournal.co.uk

Comments Off

Facing justice: judgment against Facebook in privacy/data protection case – Panopticon

Posted February 26th, 2015 in data protection, EC law, internet, news, privacy by sally

‘The extent to which privacy and data protection rights can effectively resonate within the online environment is an acutely important issue for all information law practitioners. Moreover, it is an issue which seems to be gaining ever increasing traction in the litigation context, as is illustrated not least by the following developments.’

Full story

Panopticon, 25th February 2015

Source: www.panopticonblog.com

Comments Off

Britain is leading the charge against basic human rights, Amnesty claims – The Independent

‘Increased surveillance in Britain, along with the reduction of access to justice, have contributed to one of the worst assaults on human rights in Europe since the fall of the Berlin Wall, according to a damning assessment by Amnesty International.’

Full story

The Independent, 25th February 2015

Source: www.independent.co.uk

Comments Off

Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others – WLR Daily

Posted February 19th, 2015 in appeals, benefits, carers, EC law, housing, law reports, regulations, social security by sally

Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others [2015] EWCA Civ 49; [2015] WLR (D) 61

‘European Union law gave a Zambrano carer, being a non-European Union citizen responsible for the care of an EU citizen child, the right to reside in the United Kingdom from the time when it became apparent that she qualified as a Zambrano carer. However, it did not give her an entitlement to social assistance on the same basis as an EU citizen lawfully resident in the UK. It was for national law to determine the level of benefits to which she was entitled.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

Comments Off

Councillor wins procurement judicial review over £165m city centre scheme – Local Government Lawyer

Posted February 17th, 2015 in appeals, EC law, judicial review, local government, news, planning, public procurement by sally

‘A councillor at Winchester City Council has won a High Court judicial review challenge over the local authority’s decision to adopt an updated scheme for a £165m city centre redevelopment without conducting a procurement exercise.’

Full story

Local Government Lawyer, 13th February 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off

The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015

Source: www.supremecourt.uk

Comments Off

Court of Appeal strikes down state immunity rules that prevent embassy employees seeking justice – UK Human Rights Blog

Posted February 16th, 2015 in appeals, EC law, embassies, employment, human rights, immunity, news by sally

‘This judgment concerned the conjoined appeals of Ms. Benkharbouche and Ms. Janah which arose from employment law claims brought against, respectively, the Sudanese and Libyan embassies. Certain of their claims, such as those for unfair dismissal, were founded on domestic law. Others, such as those under the Working Time Regulations 1998, fell within the scope of EU law. All were met with pleas of state immunity under the State Immunity Act 1978.’

Full story

UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

Comments Off

Zambrano carers and social assistance – NearlyLegal

Posted February 16th, 2015 in appeals, benefits, carers, citizenship, EC law, equality, homelessness, housing, human rights, news by sally

‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’

Full story

NearlyLegal, 12th February 2015

Source: www.nearlylegal.co.uk

Comments Off

UK restructuring laws already geared towards business rescue, says government – OUT-LAW.com

Posted February 11th, 2015 in company law, debts, EC law, insolvency, news, small businesses by sally

‘UK procedures allowing businesses to restructure in order to avoid insolvency already meet EU plans for a more ‘rescue-orientated’ approach to business failure and insolvency, according to a discussion document published by the Insolvency Service.’

Full story

OUT-LAW.com, 10th February 2015

Source: www.out-law.com

Comments Off

EU law targets foreign rogue drivers to curb offences – BBC News

Posted February 11th, 2015 in accidents, EC law, foreign jurisdictions, news, road traffic offences by sally

‘Drivers who commit traffic offences in another EU country will be pursued for fines at home, under a new EU draft law expected to be passed on Wednesday.’

Full story

BBC News, 10th February 2015

Source: www.bbc.co.uk

Comments Off

‘Significant’ changes to public procurement rules to be introduced in weeks – OUT-LAW.com

Posted February 9th, 2015 in consultations, EC law, news, public procurement, regulations by sally

‘A raft of major changes to the regulation of procurement in the public sector in England, Wales and Northern Ireland is set to be introduced later this month.’

Full story

OUT-LAW.com, 9th February 2015

Source: www.out-law.com

Comments Off

Advocate general: Employment Appeal Tribunal was wrong in ‘Woolworths’ collective redundancy case – OUT-LAW.com

Posted February 6th, 2015 in consultations, EC law, news, redundancy, tribunals by sally

‘UK rules limiting collective consultation requirements to cases where an employer was proposing 20 or more redundancies “at one establishment” are compatible with EU law, according to an adviser to the EU’s highest court.’

Full story

OUT-LAW.com, 5th February 2015

Source: www.out-law.com

Comments Off

What data protection reform will mean for obtaining ‘customer consent’ – OUT-LAW.com

Posted February 4th, 2015 in consent, data protection, EC law, legislation, medical records, news, privacy by sally

‘FOCUS: If a business wants to process data that relates to a person located in the EU, it must comply with EU privacy laws. By far one of the easiest ways to lawfully process personal data is by obtaining consent from the person whose data a business would like to process.’

Full story

OUT-LAW.com, 3rd February 2015

Source: www.out-law.com

Comments Off

Googling Orgies – Thrashing out the Liability of Search Engines – Panopticon

Posted February 2nd, 2015 in data protection, defamation, EC law, internet, media, news, photography, privacy by sally

‘Back in 2008, the late lamented News of the World published an article under the headline “F1 boss has sick Nazi orgy with 5 hookers”. It had obtained footage of an orgy involving Max Mosley and five ladies of dubious virtue, all of whom were undoubtedly (despite the News of the World having blocked out their faces) not Mrs Mosley. The breach of privacy proceedings before Eady J (Mosley v News Group Newspapers Ltd [2008] EWHC 687 (QB)) established that the ‘Nazi’ allegation was unfounded and unfair, that the footage was filmed by a camera secreted in “such clothing as [one of the prostitutes] was wearing” (at [5]), and also the more genteel fact that even S&M ‘prison-themed’ orgies stop for a tea break (at [4]), rather like a pleasant afternoon’s cricket, but with a rather different thwack of willow on leather.’

Full story

Panopticon, 30th January 2015

Source: www.panopticonblog.com

Comments Off

Is linking to illegally uploaded content allowed? – Technology Law Update

Posted February 2nd, 2015 in copyright, EC law, internet, news by sally

‘We all becoming experts in the manipulation and sharing of electronic text and images. Sharing, linking and embedding material is ever easier using a range of different devices. So what does copyright law have to say about this?’

Full story

Technology Law Update, 30th January 2015

Source: www.technology-law-blog.co.uk

Comments Off

McCarthy and EU family permits – Free Movement

Posted January 29th, 2015 in EC law, families, freedom of movement, immigration, news, visas by sally

‘Last last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: the UK is not permitted to require residence card holding family members of EEA nationals to apply for yet further documentation in the form of an entry permit.’

Full story

Free Movement, 29th January 2015

Source: www.freemovement.org.uk

Comments Off

Copyright owners free to choose where to bring web infringement claims but restrictions placed on damages – OUT-LAW.com

Posted January 29th, 2015 in copyright, damages, EC law, foreign jurisdictions, internet, news by sally

‘A ruling by the EU’s highest court could mean that businesses have to take multiple cases across Europe if they want to claim damages for copyright infringement, an expert has said.’

Full story

OUT-LAW.com, 27th January 2015

Source: www.out-law.com

Comments Off

Mass surveillance is fundamental threat to human rights, says European report – The Guardian

Posted January 27th, 2015 in EC law, human rights, interception, investigatory powers, news, privacy, reports by sally

‘Europe’s top rights body has said mass surveillance practices are a fundamental threat to human rights and violate the right to privacy enshrined in European law.’

Full story

The Guardian, 26th January 2015

Source: www.guardian.co.uk

Comments Off

New rules governing UK banks and investment firms in financial difficulty come into force – OUT-LAW

Posted January 23rd, 2015 in banking, EC law, financial regulation, insolvency, news by sally

‘UK regulators have published final rules governing how they will treat banks and investment firms in financial difficulty, following changes to EU law which will require investors and bondholders to bear the cost of bank failure.’

Full story

OUT-LAW.com, 22nd January 2015

Source: www.out-law.com

Comments Off