Regina (Refugee Action) v Secretary of State for the Home Department – WLR Daily

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by tracey

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin);   [2014] WLR (D)  167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Weber v Weber – WLR Daily

Posted April 15th, 2014 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by tracey

Weber v Weber: (Case C-438/12);   [2014] WLR (D)  165

‘There fell within the category of proceedings which had as their object “rights in rem in immovable property”, within the meaning of article 22(1) of Council Regulation (EC) No 44/2001, an action brought before the courts of another member state, seeking a declaration of invalidity of the exercise of a right of pre-emption attaching to that property and which produced effects with respect to all the parties. Before staying its proceedings in accordance with article 27(1) of Regulation No 44/2001, the court second seised was required to examine whether, by reason of a failure to take into consideration the exclusive jurisdiction laid down in article 22(1) thereof, the decision of the court first seised would be recognised in the other member states in accordance with article 35(1) of that Regulation.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

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Intellectual Property in the UK and Europe – Speech by Lord Neuberger

Posted April 14th, 2014 in EC law, intellectual property, news, patents, trade marks by sally

Intellectual Property in the UK and Europe (PDF)

Speech by Lord Neuberger

Burrell Lecture for the Competition Law, 1st April 2014

Source: www.supremecourt.uk

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Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and others (Irish Human Rights Commission intervening); In re Kärntner Landesregierung and others – WLR Daily

Posted April 14th, 2014 in data protection, EC law, electronic mail, law reports by sally

Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and others (Irish Human Rights Commission intervening); In re Kärntner Landesregierung and others (Joined Cases C-293/12 and C-594/12); [2014] WLR (D) 164

‘Parliament and Council Directive 2006/24/EC of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC was invalid.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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Chagossians update – UK Human Rights Blog

‘The appeal is against the decision of the Divisional Court in Bancoult v. FCO (read judgment and see my post here). Mr Bancoult had said that the decision to create the MPA was flawed by having an improper purpose (to stymie the Chagossians’ claims for resettlement), by inadequate consultation, and being a breach of an EU obligation to promote the economic and social development of the islands. The Court ruled against all these claims.’

Full story

UK Human Rights Blog, 11th April 2014

Source: www.ukhumanrightsblog.com

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4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another – WLR Daily

4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another (Case C-515/12); [2014] WLR (D) 156

‘Annex I, point 14, of Parliament and Council Directive 2005/29/EC meant that a pyramid promotional scheme constituted an unfair commercial practice only where such a scheme required the consumer to give financial consideration, regardless of its amount, for the opportunity to receive compensation that was derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

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Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

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EU court of justice overturns law that would enable ‘snoopers’ charter’ – The Guardian

Posted April 9th, 2014 in data protection, EC law, internet, privacy, telecommunications, Uncategorized by sally

‘The European court of justice has declared the data retention directive illegal, torpedoing UK government schemes for the so-called “snooper’s charter” of wide-ranging collection of phone and internet data.’

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The Guardian, 8th April 2014

Source: www.guardian.co.uk

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Littlewoods Retail Ltd and others v Revenue and Customs Commissioners (No 2) – WLR Daily

Posted April 8th, 2014 in EC law, HM Revenue & Customs, interest, law reports, repayment, VAT by sally

Littlewoods Retail Ltd and others v Revenue and Customs Commissioners (No 2) [2014] EWHC 868 (Ch); [2014] WLR (D) 154

‘Sections 78 and 80 of the Value Added Tax Act 1994 could not be construed in such a way as to conform with European Union law and therefore had to be disapplied so as to allow the claimant companies to pursue their claims to recover the full value of overpaid value added tax.’

WLR Daily, 28th March 2014

Source: www.iclr.co.uk

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UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Another – WLR daily

Posted April 3rd, 2014 in copyright, EC law, internet, law reports by tracey

UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Another: (Case C-314/12); [2014] WLR (D) 148

‘A person who made protected subject matter available to the public on a website without the agreement of the copyright holder, for the purpose of article 3(2) of Parliament and Council Directive 2001/29/EC, was using the services of the Internet service provider of the persons accessing that subject matter, which had to be regarded as an “intermediary” within the meaning of article 8(3) of the Directive. The fundamental rights recognised by EU law did not preclude a court injunction prohibiting an Internet service provider from allowing its customers access to a website placing protected subject matter online without the agreement of the rightholders when that injunction did not specify the measures which that access provider had to take and when that access provider could avoid incurring coercive penalties for breach of that injunction by showing that it had taken all reasonable measures, provided that (i) the measures taken did not unnecessarily deprive Internet users of the possibility of lawfully accessing the information available and (ii) that those measures had the effect of preventing unauthorised access to the protected subject matter or, at least, of making it difficult to achieve and of seriously discouraging Internet users who were using the services of the addressee of that injunction from accessing the subject-matter that had been made available to them in breach of the intellectual property right, that being a matter for the national authorities and courts to establish.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v National Lottery Commission – WLR Daily

Posted April 1st, 2014 in EC law, gambling, law reports, trade marks by sally

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v National Lottery Commission (Case C-530/12P); [2014] WLR (D) 146

‘In an application for a declaration of invalidity of a Community trade mark, where the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (“OHIM”) was called upon to take account of the national law of the member state in which protection was given to an earlier mark on which the application was based, OHIM had to, of its own motion and by whatever means considered appropriate, obtain information about that national law, where such information was necessary for the purposes of assessing the applicability of a ground for invalidity relied on before it and of assessing the accuracy of the facts adduced or the probative value of the documents submitted.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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No maternity rights for commissioning mother in surrogacy case – UK Human Rights Blog

Posted March 28th, 2014 in EC law, equality, maternity leave, news, surrogacy by sally

‘The European Court (CJEU) has now considered two requests for preliminary ruling made in proceedings between intended mothers (also referred to as a commissioning mother) who have had babies through a surrogacy arrangement, and their employers concerning the refusal to grant them paid leave following the birth of the babies. It has replied that EU law does not provide for commissioning mothers to be entitled to paid leave equivalent to maternity leave or adoption leave.’

Full story

UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

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No maternity rights for surrogate parents? – Halsbury’s Law Exchange

‘In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the ECJ clarified the EU position regarding the protections and benefits that should be afforded to mothers having children through surrogacy arrangements.’

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Halsbury’s Law Exchange, 26th March 2014

Source: www.halsburyslawexchange.co.uk

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Habitual Residence – Habitual Problems – Family Law Week

Posted March 26th, 2014 in appeals, divorce, domicile, EC law, families, interpretation, news by sally

‘Joshua Viney, pupil at 1 Hare Court, considers the implications of the Court of Appeal judgment in Tan v Choy and the ongoing debate concerning the fifth indent of Article 3 of Brussels IIR.’

Full story

Family Law Week, 26th March 2014

Source: www.familylawweek.co.uk

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Is a limited recourse agreement no longer an effective weapon against winding-up? – 11 Stone Buildings

Posted March 26th, 2014 in consumer credit, EC law, insolvency, news, winding up by sally

‘This article questions the decision in ARM Asset-Backed Securities S.A. [2013] EWHC 3351 CH which found that a company was insolvent despite a contractual limited recourse provision which provided that the company was not liable to pay its bondholders more than its available funds.’

Full story

11 Stone Buildings, February 2014

Source: www.11sb.com

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Care Proceedings: The European Dimension – Family Law Week

‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’

Full story

Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

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An English Judge in Europe – The Rt Hon. Lady Justice Arden

Posted March 26th, 2014 in EC law, judges, judiciary, jurisdiction, news by sally

An English Judge in Europe (PDF)

Speech by The Rt Hon. Lady Justice Arden

Judiciary of England and Wales, 11th March 2014

Source: www.judiciary.gov.uk

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Scot Peterson: Constitutional Entrenchment in England and the UK – UK Constitutional Law Association

Posted March 25th, 2014 in constitutional law, constitutional reform, EC law, news, referendums by sally

‘Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, ‘has … the right to make or unmake any law whatever….’ One aspect of this sovereignty is that parliament cannot bind itself: ‘That Parliaments have more than once intended and endeavoured to pass Acts which should tie the hands of their successors is certain, but the endeavour has always ended in failure.’’

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UK Constitutional Law Association, 25th March 2014

Source: www.ukconstitutionallaw.org

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Right to privacy: can we really trust Google Glass? – Halsbury’s Law Exchange

Posted March 25th, 2014 in data protection, EC law, news, photography, privacy, video recordings by sally

‘It is difficult to have missed the hype surrounding Google Glass (referred to simply as “Glass”), not only because of its futuristic technological capabilities and design, but also the concerns it raises for an individual’s Art 8 right to privacy.’

Full story

Halsbury’s Law Exchange, 24th March 2014

Source: www.halsburyslawexchange.co.uk

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Data protection and compensation: the “irreversible march” towards revolutionary change – Panopticon

Posted March 24th, 2014 in compensation, data protection, EC law, news by sally

‘At 11KBW’s Information Law conference this past Tuesday, I talked a bit about the progress of the draft EU Data Protection Regulation. I omitted to mention last week’s development (my reason: I was on holiday in Venice, where data protection seemed less pressing). In a plenary session on 12 March, the European Parliament voted overwhelmingly in support of the Commission’s current draft of the Regulation. This is all explain in this Memo from the European Commission. Here are some key points.’

Full story

Panopticon, 21st March 2014

Source: www.panopticonblog.com

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