Domestic Violence Update – the latest developments practitioners need to know about – Family Law Week

‘Mandip Ghai, solicitor and legal officer, with Rights of Women, updates practitioners on developments in the prevention of domestic violence.’

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Family Law Week, 11th September 2014

Source: www.familylawweek.co.uk

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High Court: Commercial Agents Regulations could not override contractual choice of law – OUT-LAW.com

‘Mandatory rules governing the relationship between commercial agents and their principals in respect of the agent’s UK activities cannot override a valid jurisdiction and choice of law clause, the High Court has ruled.’

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OUT-LAW.com, 10th September 2014

Source: www.out-law.com

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Deckmyn and another v Vandersteen and others – WLR Daily

Posted September 9th, 2014 in copyright, EC law, intellectual property, law reports by sally

Deckmyn and another v Vandersteen and others (Case C-201/13; ECLI:EU:C:2014:2132; [2014] WLR (D) 385

‘The concept of “parody” within the meaning of article 5(3)(k) of Parliament and Council Directive 2001/29/EC was an autonomous concept of EU law and its essential characteristics were to evoke an existing work, while being noticeably different from it, and secondly, to constitute an expression of humour or mockery. The concept was not subject to the conditions that the parody should display an original character of its own, other than that of displaying noticeable differences with respect to the original parodied work; that it could reasonably be attributed to a person other than the author of the original work itself; and it should relate to the original work itself or mention the source of the parodied work. However, the application of the exception for parody, within the meaning of article 5(3)(k) of Directive had to strike a fair balance between the interests and rights of persons referred to in articles 2 and 3 of the Directive, and the freedom of expression of the user of a protected work who was relying on the exception for parody and it was for the national court to determine, in the light of all the circumstances of the case, whether the application of the exception for parody preserved a fair balance.’

WLR Daily, 3rd September 2014

Source: www.iclr.co.uk

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Burgo Group SpA v Illochroma SA (in liquidation) and another – WLR Daily

Posted September 9th, 2014 in EC law, insolvency, jurisdiction, law reports by sally

Burgo Group SpA v Illochroma SA (in liquidation) and another (Case C-327/13); ECLI:EU:C:2014:2158; [2014] WLR (D) 386

‘Article 3(2) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings meant that, where winding-up proceedings were opened in respect of a company in a member state other than that in which it had its registered office, secondary insolvency proceedings could also be opened in respect of that company in the other member state in which its registered office was situated and in which it possessed legal personality. The question as to which person or authority was empowered to seek the opening of secondary proceedings had to be determined on the basis of the national law of the member state within the territory of which the opening of such proceedings was sought pursuant to article 29(b) of the Regulation. The right to seek the opening of secondary proceedings could not, however, be restricted to creditors who had their domicile or registered office within the member state in whose territory the relevant establishment was situated, or to creditors whose claims arose from the operation of that establishment. Where the main insolvency proceedings were winding-up proceedings, the decision as to whether the court before which the action seeking the opening of secondary insolvency proceedings had been brought could take account of criteria as to appropriateness was governed by the national law of the member state within the territory of which the opening of secondary proceedings was sought. However, when establishing the conditions for the opening of secondary proceedings, member states had to comply with EU law and, in particular, its general principles, as well as the provisions of the Regulation.’

WLR Daily, 4th September 2014

Source: www.iclr.co.uk

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Nickel & Goeldner Spedition GmbH v “Kintra” UAB – WLR Daily

Posted September 9th, 2014 in carriage of goods, debts, EC law, insolvency, jurisdiction, law reports by sally

Nickel & Goeldner Spedition GmbH v “Kintra” UAB (Case C-157/13) ECLI:EU:C:2014:2145; [2014] WLR (D) 387

‘An action for the payment of a debt based on the provision of carriage services taken by the insolvency administrator of an insolvent undertaking in the course of insolvency proceedings opened in one member state and taken against a service recipient established in another member state came under the concept of “civil and commercial matters” within the meaning of article 1(1) of Council Regulation (EC) No 44/2001. Moreover, article 71 of Regulation No 44/2001 meant that, in a situation where a dispute fell within the scope of both that regulation and the Convention on the Contract for the International Carriage of Goods by Road, as amended, a member state could, in accordance with article 71(1) of that Regulation, apply the rules concerning jurisdiction laid down in article 31(1) of that Convention.’

WLR Daily, 4th September 2014

Source: www.iclr.co.uk

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Human rights legislation in the UK: a cut-out-and-keep guide – The Guardian

Posted September 1st, 2014 in EC law, elections, human rights, jurisdiction, news, parliament, prisons by sally

‘Ever wondered what the difference is between the human rights convention and the Human Rights Act? This may help.’

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The Guardian, 1st September 2014

Source: www.guardian.co.uk

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Tribunals to rule on disputes over re-use of public sector information – OUT-LAW.com

Posted August 21st, 2014 in data protection, EC law, news, tribunals by tracey

‘Information rights tribunals will be able to provide binding rulings on public bodies’ re-use of non-personal information under new plans unveiled by the UK government’

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OUT-LAW.com, 20th August 2014

Source: www.out-law.com

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Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog

‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’

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UK Human Rights Blog, 18th August 2014

Source: www.ukhumanrightsblog.com

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British arms sales to Israel face high court challenge – The Guardian

‘The government faces being dragged into the high court over the sale of military hardware to Israel in an unprecedented legal move that puts the UK’s controversial export policy on a potential collision course with the EU.’

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The Guardian, 16th August 2014

Source: www.guardian.co.uk

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Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change – WLR Daily

Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1111; [2014] WLR (D) 367

‘The Secretary of State was not required by Parliament and Council Directive 2001/92/EC to conduct a transboundary consultation with the Republic of Ireland before granting planning permission to construct a nuclear power station near the Irish state if he was convinced that it was not “likely to have significant effects on the environment in another member state”, within article 7 of the Directive.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

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Young v Anglo American South Africa Ltd and others – WLR Daily

Young v Anglo American South Africa Ltd and others (No 2) [2014] EWCA Civ 1130; [2014] WLR (D) 370

‘Where a company had its statutory seat and principal place of business outside England, to determine whether a claim against it could be brought in England for the purposes of article 60(1)(b) of Council Regulation (EC) No 44/2001, the claimant had to show a good arguable case that England was the jurisdiction where the company had its “central administration”, which was the place where, through its relevant organs according to its own constitutional provisions, it took the decisions essential for that its operations.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Revisiting Habitual Residence – The Court of Appeal Decision in Re H – Family Law Week

‘Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.’

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Family Law Week, 6th August 2014

Source: www.familylawweek.co.uk

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

Posted August 4th, 2014 in EC law, freedom of movement, law reports, treaties by sally

Regina (Buer) v Secretary of State for the Home Department [2014] EWCA Civ 1109; [2014] WLR (D) 359

‘Article 13 of Decision No 1/80 adopted under the Agreement establishing an Association between the European Economic Community and Turkey did not apply to Turkish workers who were already sufficiently integrated into the work force of the host member state to enjoy rights under article 6(1) of the Decision.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court

Posted August 1st, 2014 in EC law, health, law reports, public procurement, Scotland, tenders by sally

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) [2014] UKSC 49 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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MB v Secretary of State for Work and Pensions – WLR Daily

MB v Secretary of State for Work and Pensions [2014] EWCA Civ 1112; [2014] WLR (D) 355

‘The effect of section 4 of the Gender Recognition Act 2004, which required that a subsisting marriage be annulled prior to the issue of a full gender recognition certificate, and thus to being treated as a woman for pension purposes, did not contravene the principle of equal treatment and was accordingly not discriminatory.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily

Posted August 1st, 2014 in EC law, health, law reports, news, public procurement, Scotland, tenders by sally

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service [2014] UKSC 49; [2014] WLR (D) 351

‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Transgender person’s claim for female state pension rejected by appeal court – The Guardian

‘A transgender person’s claim to be entitled to receive the female state pension at the age of 60 has been rejected by the appeal court.’

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The Guardian, 31st July 2014

Source: www.guardian.co.uk

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In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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The ‘right to be forgotten’ simply doesn’t exist – Daily Telegraph

Posted July 31st, 2014 in data protection, EC law, internet, news, privacy by michael

‘Most people have moments in their past that they would prefer not to be in the spotlight. What if, when you enter your name in Google, the first thing that comes up is a link to an episode that you would like to be forgotten. Can it be forgotten? If it can, should it be? Should you have a right to have the link deleted? And based on what procedure?’

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Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

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Plans outlined to amend tax rules to enable new simplified reporting of VAT owed for supply of digital services – OUT-LAW.com

Posted July 31st, 2014 in consultations, EC law, news, regulations, taxation, VAT by michael

‘Proposed amendments to UK tax rules are being consulted on by HM Revenue & Customs (HMRC) to recognise a new simplified mechanism that is being introduced for reporting VAT owed on the supply of digital services following changes to EU laws.’

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OUT-LAW.com, 30th July 2014

Source: www.out-law.com

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