Trust deeds versus trustees – 11 Stone Buildings

Posted April 20th, 2015 in bankruptcy, debts, EC law, news, pensions, trustees in bankruptcy by sally

‘Thomas Robinson details changes in bankruptcy and pension rights under UK and EU pension schemes.’

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11 Stone Buildings, 15th April 2015

Source: www.11sb.com

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Christofi v National Bank of Greece (Cyprus) Ltd – WLR Daily

Christofi v National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB); [2015] WLR (D) 170

‘There was no general power to extend the mandatory two-month time limit for an appeal against the registration of a settlement order by a party not domiciled within the jurisdiction under article 43(5) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 14th April 2015

Source: www.iclr.co.uk

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“Cold Calling” company fined £75K for breach of privacy – UK Human Rights Blog

Posted April 20th, 2015 in advertising, complaints, consumer protection, EC law, fines, news, privacy, tribunals by sally

‘Although an individual’s right to privacy is usually thought of in the context of state intrusion in one form or another, in reality the real threat of intrusion in a society such as ours comes from unsolicited marketing calls.’

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UK Human Rights Blog, 17th April 2015

Source: www.ukhumanrightsblog.com

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Searching questions in the CJEU: the East Sussex County Council case – Panopticon

Posted April 20th, 2015 in costs, EC law, freedom of information, housing, news by sally

‘When local authorities provide property search information, can they charge for doing so? On what legal basis? How should such charges be calculated?’

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Panopticon, 17th April 2015

Source: www.panopticonblog.com

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Law firms exploiting EU ‘right to be forgotten’ ruling to help individuals remove awkward newspaper articles from Google – The Independent

Posted April 20th, 2015 in EC law, freedom of information, law firms, media, news, public interest by sally

‘Ambulance-chasing law firms are using the European Court’s ruling on the “right to be forgotten” to drum up business, leading to a rise in the number of newspaper articles being deleted from Google search results.’

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The Independent, 17th April 2015

Source: www.independent.co.uk

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Pham (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Pham (Appellant) v Secretary of State for the Home Department (Respondent) [2015] UKSC 19 (YouTube)

Supreme Court, 25th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Court of Appeal dismisses procurement claim over delivery of tax-free childcare – Local Government Lawyer

Posted April 14th, 2015 in appeals, EC law, news, public procurement, taxation, tenders by sally

‘The Court of Appeal has rejected a claim that the Government’s proposed arrangements for the delivery of tax-free childcare breach domestic and EU public procurement legislation.’

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Local Government Lawyer, 13th April 2015

Source: www.localgovernmentlawyer.co.uk

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Home Office confirms that EEA(FM) application form is not mandatory – Free Movement

‘In a useful policy document explaining internal processes within the UK Visas and Immigration department of the Home Office, it is confirmed that applicants for EU free movement documents such as residence certificates, residence cards and family permits do NOT have to use the forms provided by the Home Office.’

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Free Movement, 9th April 2015

Source: www.freemovement.org.uk

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Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) – WLR Daily

Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) [2015] UKSC 19; [2015] WLR (D) 166

‘The question whether a person was not considered as a national by a state under the operation of its law, with the effect that he would be stateless if deprived of British citizenship, was not necessarily to be decided solely by reference to the text of the nationality legislation of the state in question, and reference might also be made to the practice of the government, even if not subject to effective challenge in the courts.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

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On fairness, elephants and principle – UK Human Rights Blog

Posted April 7th, 2015 in appeals, EC law, human rights, news, Supreme Court, terrorism by sally

‘Procedural fairness is a bit like an elephant. It is difficult to define in abstract, but you know a fair procedure when you see one. So Lawton LJ put it in Maxwell v Department of Trade [1974] QB 523, 539′

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UK Human Rights Blog, 2nd April 2015

Source: www.ukhumanrightsblog.com

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The Supreme Court on statelessness, EU citizenship and proportionality – UK Human Rights Blog

‘On first glance, this was not a judgment about human rights. It concerned the definition of statelessness under article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, and raised issues of competence and jurisdiction in relation to EU citizenship. Its specific interest for human rights lawyers lies primarily in the observations about the principle of proportionality; and in where the case, which most certainly does raise human rights issues, is likely to go next.

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

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Facebook ‘tracks all visitors, breaching EU law’ – The Guardian

Posted April 1st, 2015 in computer programs, consent, data protection, EC law, internet, news, privacy by sally

‘Facebook tracks the web browsing of everyone who visits a page on its site even if the user does not have an account or has explicitly opted out of tracking in the EU, extensive research commissioned by the Belgian data protection agency has revealed.’

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The Guardian, 31st March 2015

Source: www.guardian.co.uk

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Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context – Family Law Week

Posted March 31st, 2015 in adoption, care orders, delay, EC law, foreign jurisdictions, news by sally

‘Oliver Jones, barrister of 4 Paper Buildings, and Maria Wright, solicitor of Freemans, currently seconded to the Court of Appeal, analyse a series of recent judgments in which the English courts have considered whether public law children proceedings should be in this jurisdiction or abroad.’

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Family Law Week, 27th March 2015

Source: www.familylawweek.co.uk

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Is privacy dead? – OUP Blog

Posted March 24th, 2015 in data protection, EC law, human rights, internet, news, privacy by sally

‘In 1980, personal computers were still in their infancy, and the internet did not exist. There were, of course, genuine concerns about threats to our privacy, but, looking back at my book of that year, they mostly revolved around telephone tapping, surveillance, and unwanted press intrusion. Data protection legislation was embryonic, and the concept of privacy as a human right was little more than a chimera.’

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OUP Blog, 20th March 2015

Source: http://blog.oup.com

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Barco De Vapor BV and others v Thanet District Council – WLR Daily

Barco De Vapor BV and others v Thanet District Council [2014] EWHC 490 (Ch); [2015] WLR (D) 127

‘Council Regulation (EC) No 1/2005 harmonised the law on the protection, welfare and health of animals during transport. Accordingly, the imposition of an animal welfare measure not in accordance with the Regulation which had the effect of restricting the free movement of goods was an unjustified breach of article 35FEU of the FEU Treaty.’

WLR Daily, 27th February 2015

Source: www.iclr.co.uk

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Car crash Euro-damages against government upheld by CA – UK Human Rights Blog

‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’

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UK Human Rights Blog, 22nd March 2015

Source: www.ukhumanrightsblog.com

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Varying a Foreign Maintenance Order Post the Maintenance Regulation – Family Law Week

Posted March 19th, 2015 in divorce, EC law, financial provision, news, regulations by sally

‘James Roberts, barrister of 1 King’s Bench Walk, and Catherine Silwal , Senior Solicitor with KJ Smith Solicitors, analyse the law relating to variation of foreign maintenance orders and the effect of the EU Maintenance Regulation (Council Regulation (EC) No 4/2009).’

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Family Law Week, 17th March 2015

Source: www.familylawweek.co.uk

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State Aid Issues for Local Authorities – Thirty Nine Essex Street

Posted March 19th, 2015 in EC law, local government, news, state aids by sally

‘The Treaty on the Functioning of the European Union provides that certain government activities may be prohibited because they give an advantage in a selective way to certain entities, which might affect competition within the internal market. Those advantages may amount to prohibited state aid, or may be state aid which is either expressly allowed by the Treaty, or which may be allowed, dependent on the circumstances.’

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Thirty Nine Essex Street, January 2015

Source: www.39essex.com

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Uninsured Drivers Agreement: serious breach of European Law – Park Square Barristers

Posted March 19th, 2015 in agreements, crime, damages, EC law, news, uninsured drivers by sally

‘Judy Dawson looks at the recent judgment of the Court of Appeal in Delaney v Secretary of State for Transport and the insurance indemnity issues that arise.’

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Park Square Barristers, 11th March 2015

Source: www.parksquarebarristers.co.uk

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Why the cookies law wasn’t fully baked – and how to avoid being tracked online – The Guardian

Posted March 19th, 2015 in computer programs, data protection, EC law, internet, news, privacy by sally

‘The UK uses the most tracking cookies of any EU country. How should you be protecting your privacy online?’

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The Guardian, 19th March 2015

Source: www.guardian.co.uk

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