Cosmetics tested on animals banned in the EU – or are they? – UK Human Rights Blog

‘R (on the application of the European Federation for Cosmetic Ingredients) v Secretary of State for Business, Innovation and Skills and the Attorney General, British Union for the Abolition of Vivisection and the European Coalition to End Animal Experiments (intervening) [2014] EWHC 4222 (Admin) 12 December 2014. Conscientious shoppers who check the labelling of shampoos and other cosmetic products for the “not tested on animals” legend may not be aware that there is in place an EU Regulation (“the Cosmetics Regulation”), enforceable by criminal sanctions, prohibiting the placing on the market of any product that has been tested on laboratory animals. Any comfort drawn from this knowledge however may be displaced by the uncertainty concerning the status of cosmetics whose ingredients have been tested on animals in non-EU or “third” countries. (Incidentally the Cruelty Cutter app is designed to enable consumers to test, at the swipe of a smart phone, whether the product they are contemplating purchasing has been tested on animals.)’

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UK Human RIghts Blog, 12th December 2014

Source: www.ukhumanrightsblog.com

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Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another – WLR Daily

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another [2014] EWCA Civ 1578; [2014] WLR (D) 526

‘The “safeguarding directions” issued by the Secretary of State for Transport, exercising statutory powers, for phase 1 of the proposed high speed rail network (“HS2”) linking London to Manchester did not fall within the scope of plans and programmes which set the framework for future development consent of projects within the meaning of articles 2(a) and 3(2) of Parliament and Council Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment.’

WLR Daily, 9th December 2014

Source: www.iclr.co.uk

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Food allergy laws enforced in restaurants and takeaways – BBC News

Posted December 12th, 2014 in EC law, food, health & safety, news by sally

‘Restaurants and takeaways across Europe will be required by law to tell customers if their food contains ingredients known to trigger allergies.’

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BBC News, 12th December 2014

Source: www.bbc.co.uk

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Free Movement of Doctors in the NHS – Littleton Chambers

Posted December 11th, 2014 in appeals, doctors, EC law, employment tribunals, freedom of movement, health, news by sally

‘In Kapenova v. Department of Health [2014] ICR 884, the first case of its kind in the health sector, the EAT has held that an entry criterion for the two year Foundation Programme for medicine graduates is a justified infringement of EU free movement rights. Kapenova demonstrates that: (i) a claim for unjustified infringement of free movement rights can be pursued as a claim for indirect nationality discrimination under the Equality Act 2010 before the Employment Tribunal, and; (ii) the approach to the justification defence under EU law and domestic law is the same.’

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Littleton Chambers, 11th December 2014

Source: www.littletonchambers.com

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Is this a copy? John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd – NIPC Law

Posted December 11th, 2014 in Community designs, copyright, EC law, intellectual property, news by sally

‘In John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd. [2014] EWHC 3779 (IPEC) (21 Nov 2014) Judge Hacon had to decide whether the fabric used to make the dress in the bottom photo was a copy of the fabric in the top one.’

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NIPC Law, 11th December 2014

Source: www.nipclaw.blogspot.co.uk

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In re S (A Child) (Abduction: Hearing the Child) – WLR Daily

Posted December 9th, 2014 in appeals, child abduction, children, custody, EC law, law reports, treaties by sally

In re S (A Child) (Abduction: Hearing the Child) [2014] EWCA Civ 1557; [2014] WLR (D) 522

‘Where the court was exercising it’s inherent jurisdiction relating to the abduction or retention of a child where neither the Hague Convention on the International Aspects of Child Abduction 1980, nor article 11(2) of Council Regulation (EC) No 2201/2003 (“Brussels II revised”) applied, the same principle of effective access to justice for a child as applied to cases involving the Convention and the Regulation was engaged and the court was obliged to consider whether and how to hear the child concerned.’

WLR Daily, 4th December 2014

Source: www.iclr.co.uk

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Legal challenge to Government’s £2.5bn subsidy scheme for fossil fuel industry – The Independent

Posted December 6th, 2014 in EC law, energy, news, state aids by sally

‘The Government may be forced to suspend a £2.5bn annual subsidy scheme designed to keep the lights on as cheaply and as greenly as possible following a legal challenge in the European Court of Justice, which claims it amounts to an “unlawful subsidy” for the fossil fuel industry.’

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The Independent, 5th December 2014

Source: www.independent.co.uk

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Dalsouple Societe Saumuroise du Caouchouc v Dalsouple Direct Ltd and another – WLR Daily

Posted December 4th, 2014 in consent, EC law, news, standard of proof, trade marks by sally

Dalsouple Societe Saumuroise du Caouchouc v Dalsouple Direct Ltd and another [2014] EWHC 3963 (Ch); [2014] WLR (D) 511

‘A person consenting to the registration of a trade mark for the purposes of article 4(5) of Parliament and Council Directive 2008/95/EC must unequivocally demonstrate his intention to renounce his rights. An express statement of consent would satisfy that requirement.’

WLR Daily, 1st December 2014

Source: www.iclr.co.uk

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The Judiciary, the Executive and Parliament: Relationships and the Rule of Law – Speech by Lord Chief Justice

The Judiciary, the Executive and Parliament: Relationships and the Rule of Law (PDF)

Speech by Lord Chief Justice

Institute for Government, 1st December 2014

Source: www.judiciary.gov.uk

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European court: asking asylum seekers to prove sexuality is breach of human rights – Daily Telegraph

Posted December 3rd, 2014 in asylum, EC law, homosexuality, human rights, news, proof by sally

‘European Court of Justice rules accepting video evidence in asylum cases that hinge on sexuality is a breach of human rights.’

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Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

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Why domestic Aarhus rules are not wide enough to comply with the Convention – UK Human Rights Blog

‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’

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UK Human Rights Blog, 1st December 2014

Source: www.ukhumanrightsblog.com

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Music bodies launch legal challenge against new UK private copying rules – OUT-LAW.com

Posted November 28th, 2014 in artistic works, compensation, copyright, EC law, judicial review, licensing, news by sally

‘A number of UK music industry bodies have launched a legal challenge against newly introduced UK rules that enable consumers to make private copies of lawfully acquired copyrighted material without be held as copyright infringers.’

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OUT-LAW.com, 27th November 2014

Source: www.out-law.com

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Let Me Stop You There… The test for lifting injunctions in public procurement challenges – Hardwicke Chambers

Posted November 27th, 2014 in advertising, EC law, injunctions, news, public procurement, regulations, tenders by sally

‘If you’ve seen an advert in the last few years warning you to submit your tax return on time, telling you not to drink and drive, or asking you to consider joining the armed forces, chances are that the company responsible was Group M UK Limited. That company has been at the heart of an important recent case concerning the test for lifting suspensions of contracts in public procurement challenges.’

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Hardwicke Chambers, 21st November 2014

Source: www.hardwicke.co.uk

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Enforcement of Standard Essential Patents and Abuse of a Dominant Position – Zenith Chambers

Posted November 27th, 2014 in EC law, enforcement, injunctions, news, patents by sally

‘Advocate General Wathelet has delivered his opinion on a reference from the Regional Court of
Dusseldorf for a preliminary ruling on issues concerning the application of Article 102 TFEU to the
enforcement of standard essential patents (SEPs) using injunctions. The opinion, if followed by the
Court of Justice, will be important for future patent litigation and commercial negotiations over the
enforcement of SEPs.’

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Zenith Chambers, 21st November 2014

Source: www.zenithchambers.co.uk

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Statelessness, deprivation of nationality, and EU Citizenship…what is B2 in the Supreme Court really all about? – Free Movement

Posted November 26th, 2014 in citizenship, EC law, news, terrorism, United Nations by sally

‘Many practitioners are concerned about the increasing use of draconian powers to deprive people of their citizenship and the related “evil of statelessness” (which is the subject of the UNCHR’s latest campaign.) Last week, a 7-member Supreme Court panel heard the latest round of arguments on these issues in the case of Secretary of State for the Home Department v B2. The appeal comes in the wake of government proposals to limit the right of British Citizens to return to the UK following suspected terrorist activity abroad. It could have profound implications for the government’s approach to “British jihadis”.’

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Free Movement, 26th November 2014

Source: www.freemovement.org.uk

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President’s Guidance on the International Child Abduction and Contact Unit (ICACU) and its role – Judiciary of England and Wales

‘Sir James Munby, President of the Family Division issued guidance on the International Child Abduction and Contact Unit on 10 November 2014.’

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Judiciary of England and Wales, 19th November 2014

Source: www.judiciary.gov.uk

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EU court rules UK government must clean up dangerous air pollution – The Guardian

Posted November 20th, 2014 in EC law, environmental protection, news, pollution by tracey

‘The government will be forced to urgently clean up illegal air pollution in British cities following a ruling on Wednesday in the European court of justice. It is likely to see many diesel cars and heavy goods vehicles restricted from city centres within a few years.’

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The Guardian, 19th November 2014

Source: www.guardian.co.uk

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Bankers’ bonus cap: UK to get signal in battle with EU – BBC News

Posted November 20th, 2014 in banking, EC law, news, remuneration by tracey

‘The UK government is due to receive an indication on whether its battle to overturn an EU law on bankers’ pay is likely to succeed. A legal adviser at the European Court of Justice will give his opinion of the government’s objections to the law.’

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BBC news, 19th November 2014

Source: www.bbc.co.uk

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Software patents – the lines of communication are no clearer – Technology Law Update

Posted November 19th, 2014 in appeals, computer programs, EC law, news, patents by sally

‘Patents for computer programmes are not patentable in Europe. That seems like a simple statement. But a recent high level decision shows that it is far from simple to apply.’

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Technology Law Update, 18th November 2014

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

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L v M (R and another intervening) – WLR Daily

Posted November 18th, 2014 in children, custody, EC law, jurisdiction, law reports by sally

L v M (R and another intervening) (Case C-656/13) EU:C:2014:2364; [2014] WLR (D) 480

‘Article 12(3) of Council Regulation (EC) No 2201/2003 allowed, for the purposes of proceedings in matters of parental responsibility, the jurisdiction of a court of a member state which was not that of the child’s habitual residence to be established even where no other proceedings were pending before the court chosen. Article 12(3)(b) meant that it could not be considered that the jurisdiction of the court seised by one party of proceedings in matters of parental responsibility had been “accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings” where the defendant in those proceedings subsequently brought a second set of proceedings before the same court and, on taking the first step required of him in the first proceedings, pleaded the lack of jurisdiction of that court.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

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