Kratzer v RAV AG: Access to Employment versus access to compensation – Cloisters

Posted August 25th, 2016 in age discrimination, compensation, EC law, employment, news by sally

‘Those with long memories will recall a Mr John Berry (alias) who was said to have made ET litigation a veritable cottage industry. Mr Berry’s modus operandi was to locate advertisements (principally placed by recruitment agencies) for roles across the UK which contained terminology allegedly targeting younger people such as “school leavers” or “recent graduates.” Estimates suggest that Mr Berry presented over 60 such claims, several of which led to financial settlement. A number of these claims ultimately made their way to Underhill P in Berry v Recruitment Revolution and ors UKEAT/0419/10/LA etc. On that occasion the EAT determined that an individual who has not applied for a role advertised in discriminatory terms and was not deterred from so applying had no right to compensation.’

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Cloisters, 18th August 2016

Source: www.cloisters.com

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The Elements of a Post-Brexit Settlement – Henderson Chambers

Posted August 24th, 2016 in EC law, freedom of movement, immigration, news, referendums by sally

‘It is time to start thinking about the possible elements of a postwithdrawal settlement calculated to ensure a continuing close relationship between the UK and the EU. A solution that caters for the UK’s economic needs ought to be attainable, if it is also designed to play to the country’s particular strengths, which make it a more important partner for the EU than any other European State.’

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Henderson Chambers, 10th August 2016

Source: www.hendersonchambers.co.uk

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Timeshare mis-selling: An Introduction to the Problem – Park Square Barristers

Posted August 24th, 2016 in contracts, EC law, misrepresentation, news, time sharing by sally

‘I have recently been getting to grips with the complex world of timeshare contracts and timeshare mis-selling. This requires the mastery of a very wide spectrum of legal doctrines and concepts which are not often wedded together in practice: simple contract, and from that misrepresentation actions (they are hard, and include therein a knowledge of exclusion clause and entire agreement clause law), time share regulation legislation, land law, service charge law, private international law, club law, consumer credit law (which is crucial), and EU and “consumer law” – which, as anyone who knows anything about the Bank Charges litigation knows, is a very difficult legal landscape in its own right.’

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Park Square Barristers, 11th August 2016

Source: www.parksquarebarristers.co.uk

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Heaven or Hell? Brexit Legal Issues Analysed Through ‘Hotel California’ Lyrics – Littleton Chambers

‘This post sets out some of the legal issues arising after the referendum of 23 June 2016, taking a generous liberty with the interpretation of the lyrics of The Eagles’ song “Hotel California”.’

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Littleton Chambers, 12th August 2016

Source: www.littletonchambers.com

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‘More than half’ of taxpayer challenges to HMRC decisions successful – OUT-LAW.com

‘More than half of the challenges brought by taxpayers against HM Revenue and Customs (HMRC) decisions last year were successful, according to figures obtained by Pinsent Masons, the law firm behind Out-Law.com.’

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OUT-LAW.com, 23rd August 2016

Source: www.out-law.com

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Brexit: are EU Citizens in limbo? – Halsbury’s Law Exchange

Posted August 22nd, 2016 in citizenship, EC law, immigration, news, referendums by sally

‘“Brexit means Brexit”, or so says our new Prime Minister. Sadly, it is almost certainly not as simple as that. The UK has voted for Brexit, but which Brexit?’

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Halsbury’s Law Exchange, 22nd August 2016

Source: www.halsburyslawexchange.co.uk

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Brexit legal challenge: High Court bid could derail Theresa May’s EU exit timetable – The Independent

Posted August 22nd, 2016 in costs, EC law, fees, news, parliament, referendums by sally

‘Remain supporters have crowd-funded £32,000 in legal fees to argue Ms May will need Parliament’s backing before beginning formal negotiations to leave the EU.’

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The Independent, 20th August 2016

Source: www.independent.co.uk

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Race hate crime on UK railways soared after Brexit vote, figures show – The Guardian

Posted August 22nd, 2016 in assault, EC law, hate crime, news, police, public order, racism, referendums, statistics by sally

‘The number of suspected race hate crimes on Britain’s railways jumped sharply following the EU referendum, figures show.’

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The Guardian, 22nd August 2016

Source: www.guardian.co.uk

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The need for Parliament’s consent to trigger Art 50 is a matter of EU Law – Halsbury’s Law Exchange

Posted August 17th, 2016 in consent, EC law, news, parliament, referendums, treaties by sally

‘Paragraph 1 of Art 50 of the Treaty on European Union, governing voluntary withdrawal of a member state from the EU, reads: “Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements.” This right is followed in the next paragraph by an obligation: “A member state which decides to withdraw shall notify the European Council of its intention.” This contribution addresses a single hypothetical scenario, namely, one in which Theresa May triggers Art 50 without prior parliamentary approval, asking: If she did this, would she be acting illegally? Several legal commentators have now offered answers to this question, the majority in the affirmative, and last month a legal action began by which the claimants wish to enjoin May from so acting. Thus the judges will have the final say. But which judges?’

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Halsbury’s Law Exchange, 16th August 2016

Source: www.halsburyslawexchange.co.uk

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Blackstone’s Statutes 2016-2017: key legislation – OUP Blog

Posted August 17th, 2016 in assault, EC law, enfranchisement, news, referendums, telecommunications by sally

‘In 2015, we asked some of our Blackstone’s Statutes series editors to select a piece of legislation from their subject area which had made a big impact; it resulted in an interesting selection so we decided to do the same thing this year. Discussed below are what our editors consider to be key pieces of legislation from their area of expertise. The main difference this time around has been that the UK has voted to leave the EU, which in turn has led to the future of some legislation being uncertain.’

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OUP Blog, 17th August 2016

Source: www.blog.oup.com

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Met to launch £1.7m troll-hunter squad after steep rise in online threats and abuse – Daily Telegraph

‘Scotland Yard has created a new unit to police Facebook and Twitter by investigating offensive comments.’

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Daily Telegraph, 14th August 2016

Source: www.telegraph.co.uk

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New doubts over human rights law reform – Law Society’s Gazette

Posted August 12th, 2016 in bills, EC law, human rights, news, prisons, referendums, Scotland by sally

‘A draft British bill of rights prepared by the former justice secretary Michael Gove has been rejected by the prime minister, a newspaper reported this morning – prompting speculation that the long-promised reform could be abandoned.’

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Law Society’s Gazette, 10th August 2016

Source: www.lawgazette.co.uk

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What is London litigation’s place in the post-Brexit world? – Halsbury’s Law Exchange

‘It will be a while yet before the dust settles following the outcome of the 23 June referendum on the UK’s membership of the EU. London’s litigators are likely to have voted in different ways on an issue that touches so many different areas of our lives. But I am sure all would agree that the uncertainties generated by the result have the capacity to damage London as a global centre for litigation if not properly managed and addressed. Other litigation hubs are already seeking to capitalise and highlight challenges litigants in London may now face in a bid to attract work. It is vital that as a profession we work to meet that head on.’

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Halsbury’s Law Exchange, 9th August 2016

Source: www.halsburyslawexchange.co.uk

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Brexit, risk mitigation & corporate crime – Halsbury’s Law Exchange

Posted August 12th, 2016 in bribery, corruption, EC law, fraud, money laundering, news, referendums, sanctions, warrants by sally

‘After the shock waves felt as a result of the Brexit vote, how should companies deal with corporate governance and criminal risk issues? What should companies be monitoring as they await changes that will take place once the Brexit Article 50 trigger is pulled?’

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Halsbury’s Law Exchange, 9th August 2016

Source: www.halsburyslawexchange.co.uk

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EU court to hear case of transgender woman refused female pension – The Guardian

Posted August 11th, 2016 in EC law, news, pensions, references to European Court, transsexuals by tracey

‘The case of a 68-year-old transgender woman who was refused the female state pension at the age of 60 because she chose to stay married has been referred by the supreme court to judges in Europe “for their guidance”.’

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The Guardian, 10th August 2016

Source: www.guardian.co.uk

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Romanian murderer could receive £500,000 payout for being unlawfully detained at an immigration centre – Daily Telegraph

Posted August 11th, 2016 in damages, deportation, detention, EC law, murder, news by tracey

‘ Romanian murderer could be paid up to £500,000 damages from the government after a court ruled his detention at an immigration centre was unlawful.’

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Daily Telegraph, 11th August 2016

Source: www.telegraph.co.uk

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Brexit prompts public & businesses to seek legal advice from barristers – The Bar Council

Posted August 10th, 2016 in barristers, EC law, internet, press releases, referendums, solicitors, statistics by tracey

‘New figures from the Bar Council’s Direct Access Portal , the free to use “find a barrister” website, show that the public and businesses are turning to barristers to help them with a wide range of legal issues.’

Full press release

The Bar Council, 5th August 2016

Source: www.barcouncil.org.uk

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New Home Office API on Gay Asylum Claims: Not Fit For Purpose – Free Movement

‘The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum claims, even though this has been held to be unlawful, as a matter of EU law, since July 2015. Having made positive strides with respect to the quality of decision-making since the public outcry over the sexually explicit methods of questioning gay asylum seekers in February 2014, in August 2016 this API will lead to sub-standard and unlawful decisions by the Home Office, and arguably Courts and Tribunals who rely on the API, leading to devastating outcomes to those returned to countries where they will suffer persecution.’

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Free Movement, 8th August 2016

Source: www.freemovement.org.uk

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A (brief) update on how the UK will deal with IP rights after Brexit – Technology Law Update

Posted August 8th, 2016 in copyright, EC law, enforcement, news, patents, referendums, trade marks by sally

‘The UK’s Intellectual Property Office has issued a briefing on the future for IP rights after Brexit. This gives IP owners some crumbs of comfort to innovative businesses, but little detail.’

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Technology Law Update, 5th August 2016

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

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Orlando Bloom naked pictures: What privacy rights does the actor have? – The Independent

‘The Independent spoke to a media lawyer about whether Bloom’s legal right to privacy has been invaded by publication of the pictures’

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The Independent, 5th August 2016

Source: www.independent.co.uk

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