Regulatory focus on data access restrictions could impact Uber, retailers, insurers and car manufacturers, says expert – OUT-LAW.com

Posted September 27th, 2016 in competition, data protection, EC law, financial regulation, insurance, news, privacy by sally

‘Retailers, insurers, car manufacturers and the fast-growing software company Uber are among the businesses that should take note of the increased regulatory scrutiny being placed on restrictions of access to data.’

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OUT-LAW.com, 26th September 2016

Source: www.out-look.com

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BREXIT: What now for the Bar? – Counsel

Posted September 26th, 2016 in barristers, EC law, legal services, news, referendums by sally

‘Evanna Fruithof outlines Brexit’s implications for barristers across practice area.’

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Counsel, October 2016

Source: www.counselmagazine.co.uk

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Anti-Brexit group lodges legal challenge over article 50 procedure – The Guardian

Posted September 26th, 2016 in EC law, news, parliament, prerogative powers, referendums by sally

‘The government is shutting down public debate by refusing to allow legal opponents to reveal the official justification for using royal prerogative powers, rather than seeking parliament’s approval, to trigger Brexit, according to documents lodged in the high court.’

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The Guardian, 23rd September 2016

Source: www.guardian.co.uk

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TalkTalk ruling shows ICO will back tiered approach to data breach notification, says expert – OUT-LAW.com

Posted September 14th, 2016 in data protection, EC law, fines, internet, news, notification, tribunals by tracey

‘A new ruling by the information rights tribunal suggests that businesses in the UK should be prepared to make multiple notifications to the Information Commissioner’s Office (ICO) in the event of a data breach under new EU data protection laws, an expert has said.’

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OUT-LAW.com, 12th September 2016

Source: www.out-law.com

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Parliament should get a vote on triggering Brexit Article 50, House of Lords committee says – The Independent

Posted September 14th, 2016 in constitutional law, EC law, news, parliament, referendums, reports, select committees by tracey

‘The Government should not trigger Article 50 to leave the EU without first consulting Parliament, an eminent committee of peers has said.’

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The Independent, 13th September 2016

Source: www.independent.co.uk

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Accident abroad but claim commenced here against MIB – damages are to be assessed in accordance with the law of the state where accident occurred – Zenith PI Blog

‘Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement those directives in the UK.’

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Zenith PI Blog, 12th September 2016

Source: www.zenithpi.wordpress.com

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Hyperlinking to unauthorised images – EU court reveals all – Technology Law Update

Posted September 12th, 2016 in consent, EC law, intellectual property, internet, news, photography by sally

‘The European court has ruled that commercial hyperlinking to photographs published on a website without the copyright-holder’s consent can be illegal. This is in contrast to the situation where hyperlinks are posted that link to material freely available elsewhere on the web with the copyright-holder’s consent .’

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Technology Law Update, 9th September 2016

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

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Duties of Local Authorities to Unaccompanied Migrant Children – Family Law Week

Posted September 9th, 2016 in care orders, children, EC law, local government, news, refugees by tracey

‘Jennifer Kotilaine, barrister of 42 Bedford Row, analyses the duties of local authorities to unaccompanied migrant children in the light of the House of Lords European Union Select Committee’s recent critical report on the subject.’

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Family Law Week, 1st September 2016

Source: www.familylawweek.co.uk

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MasterCard sued for £14bn in largest ever British legal claim – The Guardian

Posted September 9th, 2016 in class actions, competition, consumer credit, consumer protection, EC law, fees, news, tribunals by tracey

‘Credit card group MasterCard is being sued for £14bn, the largest legal claim in British history, in a landmark lawsuit over allegations that it overcharged 46m UK consumers.’

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The Guardian, 8th September 2016

Source: www.guardian.co.uk

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Data protection and Brexit – Law Society’s Gazette

Posted September 7th, 2016 in data protection, EC law, news, referendums, regulations by sally

‘UK data controllers are already grappling with the biggest change to EU protection in 20 years.’

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Law Society’s Gazette, 5th September 2016

Source: www.lawgazette.co.uk

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Amazon Dash button launch may run into problems with EU law, says expert – OUT-LAW.com

Posted September 5th, 2016 in consumer protection, contracts, EC law, electronic commerce, news, sale of goods by sally

‘Amazon launched its Dash button service in Europe this week, providing users with Wi-Fi connected ‘buttons’ to order products such as toilet paper and washing powder.’

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OUT-LAW.com, 2nd September 2016

Source: www.out-law.com

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No 10 rules out points-based immigration system for Britain – The Guardian

Posted September 5th, 2016 in EC law, immigration, news, referendums by sally

‘Downing Street has ruled out a points-based immigration system promised by the official Brexit campaign but insisted Theresa May would put forward a better way of controlling arrivals to the UK.’

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The Guardian, 5th September 2016

Source: www.guardian.co.uk

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Kenneth Campbell QC: Sand in the Gearbox: Devolution and Brexit – UK Constitutional Law Association

Posted September 5th, 2016 in constitutional law, devolution, EC law, news, Northern Ireland, referendums, Scotland by sally

‘In the immediate aftermath of the EU referendum result, political comment from a number of quarters suggested that the Scottish Parliament could vote to block Brexit. For the comprehensive reasons given by Mark Elliott on his blog, that was a triumph of hope over the constitutional competence of the institution. However, that is not to say that the structures of devolution do not have a significant role in the working out of Brexit, and may yet act as a trigger for wider constitutional change. This post will suggest that the place of the devolved institutions has been underplayed in the debate thus far, and seeks to identify some of the issues which will require to be addressed. These include: the operation of the Sewel convention and other steps to take account of the interests of devolved areas, discussions around the place of Scotland in the EU, and some effects on structures in Northern Ireland.’

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Constitutional Law Association, 5th September 2016

Source: www.ukconstitutionallaw.org

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Business as usual? – Counsel

Posted September 1st, 2016 in arbitration, courts, EC law, London, news by sally

‘Sophie Nappert analyses how international arbitration in London will fare post-Brexit.’

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Counsel, September 2016

Source: www.counselmagazine.co.uk

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Know Your ECHR From Your UDHR… These Are The Key Documents Which Protect Our Human Rights – RightsInfo

Posted September 1st, 2016 in EC law, human rights, news, treaties, United Nations by sally

‘On 3 September 2016, the European Convention on Human Rights celebrates 63 years since coming into effect. To mark the anniversary, we are taking a look at the Convention and other powerful documents which protect our rights. How do they work and which, if any, is the most important?’

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RightsInfo, 31st August 2016

Source: www.rightsinfo.org

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Kenneth Campbell QC: Constitutional Discourse Post-referendum: Where Are We, and Where Are We Going Next? – UK Constitutional Law Association

Posted September 1st, 2016 in constitutional reform, EC law, elections, news, parliament, referendums by sally

‘In common with other constitutional and EU law sites, this blog glowed white hot in the immediate aftermath of the EU referendum. Understandably, many commentators were occupied with the roles of the UK Parliament and the executive exercise of prerogative powers in the mechanics of the giving of notice in terms of Art 50. Given the nature of these issues, scholarly and practitioner comment has been taken up in wider debate, and Nick Barber, Tom Hickman and Jeff King’s contribution has perhaps been particularly prominent. As the new political season approaches, this post seeks to assess the state of play about several current and medium term issues.’

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UK Constitutional Law Association, 1st September 2016

Source: www.ukconstitutionallaw.org

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Employment law: Post-Brexit – OUP Blog

Posted August 30th, 2016 in EC law, employment, news, referendums, regulations, transfer of undertakings by sally

‘The Leave vote in the EU referendum presents several potential challenges for employers which are of far more immediate and practical importance than speculation about the future direction of employment law in a post-EU environment. An issue over which a considerable amount of ink has been spilled, both before and after the referendum. These challenges include how employers should best seek to manage employee uncertainty and anxiety about the possible impact of the Leave vote on their business; how economic uncertainty will affect recruitment policy, perhaps pushing employers towards more temporary and agency and less permanent recruitment; the impact on employers’ ability to attract and retain skilled staff from overseas of potential changes to immigration laws as part of Brexit; how to reduce the risks of increased disputes in the workplace based on differing views of the merits of Brexit; and ensuring that any relocations or restructurings that the changed climate necessitates are handled so as to minimise exposure to claims. As the UK proceeds with the process of extracting itself from the EU, the impact on free movement and immigration laws will also be crucial for many employers.’

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OUP Blog, 30th August 2016

Source: www.blog.oup.com

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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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