Criminals with UK children cannot be automatically deported, says EU court – The Guardian

Posted February 5th, 2016 in children, criminal records, deportation, EC law, families, news by tracey

‘The EU’s top court has told the home secretary, Theresa May, she cannot deport a Moroccan mother with a British-born son simply because she has a criminal record.’

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The Guardian, 4th February 2016

Source: www.guardian.co.uk

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UK consults on further changes to competition compensation law – OUT-LAW.com

Posted February 1st, 2016 in compensation, competition, consultations, damages, EC law, limitations, news by tracey

‘It will become easier for victims of competition law breaches to claim compensation when the EU Damages Directive comes into force in December.’

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OUT-LAW.com, 29th January 2016

Source: www.out-law.com

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Part III and the Maintenance Regulation: Clash of the Titans – Family Law Week

Posted January 29th, 2016 in divorce, EC law, financial provision, judgments, jurisdiction, news by tracey

‘Charles Hale QC and Henry Clayton, both of 4 Paper Buildings, outline the debate which the Court of Appeal declined to resolve in the recent case of Ramadani v Ramadani [2015] EWCA Civ 1138.’

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Family Law Week, 24th January 2016

Source: www.familylawweek.co.uk

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Should design rights protect things you can’t see? – OUP Blog

Posted January 26th, 2016 in Community designs, EC law, intellectual property, news, regulations by sally

‘Although many EU IP lawyers are currently concentrating on the trade mark reforms, the Commission is quietly getting on with its study of the design protection system in Europe.’

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OUP Blog, 26th January 2016

Source: www.blog.oup.com

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UK legislates to support ratification of Unified Patent Court reforms – OUT-LAW.com

Posted January 22nd, 2016 in courts, EC law, news, patents, regulations by sally

‘The UK government has prepared legislation to give effect to EU legislation on the unitary patent and to the Agreement on the Unified Patent Court (UPC), which backs the creation of a new UPC for resolving disputes over new unitary patents.’

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OUT-LAW.com, 21st January 2016

Source: www.out-law.com

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Regina (Roche Registration Ltd) v Secretary of State for Health – WLR Daily

Posted January 21st, 2016 in appeals, EC law, health, law reports, licensing, medicines, regulations by sally

Regina (Roche Registration Ltd) v Secretary of State for Health [2015] EWCA Civ 1311; [2015] WLR (D) 543

‘In accordance with its general obligation of co-operation pursuant to article 111 of Council Directive 2001/83/EC, the Medicines and Healthcare Products Regulatory Agency was lawfully entitled and obliged to supply the European Medicines Agency, pursuant to formal requests under article 8 of Commission Regulation (EC) No 658/2007, with information it had obtained from a marketing authorisation holder.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

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Human rights groups condemn steep rise in UK arms sales to Saudis – The Guardian

Posted January 20th, 2016 in EC law, human rights, international law, news, Saudi Arabia, statistics, weapons by sally

‘More than £1bn worth of bombs, missiles and rockets were sold under government licence to Saudi Arabia over three months last summer, according to human rights groups.’

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The Guardian, 19th January 2016

Source: www.guardian.co.uk

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Regina (Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales – WLR Daily

Posted January 14th, 2016 in EC law, environmental health, law reports, pollution by sally

Regina (Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales [2015] EWHC 3578 (Admin); [2015] WLR (D) 554

‘“Damage” as defined in article 2(2) of Parliament and Council Directive 2004/35/EC on environmental liability was restricted to a deterioration in the environmental situation and did not, in addition, include the prevention of an existing, already damaged environmental state from achieving a level which was acceptable in environmental terms or a deceleration in such achievement.’

WLR Daily, 17th December 2015

Source: www.iclr.co.uk

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Bees and Trees – No. 5 Chambers

Posted January 13th, 2016 in EC law, environmental protection, news by sally

‘Neonicitinoids are a group of active ingredients in plant protection products (pesticides). Their use is limited by a Regulation made by the European Commission. There is active debate about their effect on bees.’

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No. 5 Chambers, 11th January 2016

Source: www.no5.com

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Finance and Divorce Update January 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’

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Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

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The Race to Court under EU Brussels II: A New Approach? – Family Law Week

Posted January 8th, 2016 in conflict of laws, divorce, EC law, news, service, time limits by tracey

‘Stuart Clark, a solicitor at The International Family Law Group LLP, reports on a recent Irish case which could have important implications for the priority of divorce proceedings in international cases.’

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Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

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Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

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

Posted January 6th, 2016 in disclosure, documents, EC law, immigration, judicial review, law reports by sally

Regina (AZ) v Secretary of State for the Home Department [2015] EWHC 3695 (Admin); [2015] WLR (D) 549

‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

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Court of Appeal considers EU deportation, public revulsion and “imperative grounds” – Free Movement

‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’

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Free Movement, 6th January 2016

Source: www.freemovement.org.uk

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New vaping laws: Everything you need to know – The Independent

Posted January 5th, 2016 in EC law, news, regulations, smoking by sally

‘From 20 May, how you vape will change.’

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The Independent, 4th January 2016

Source: www.independent.co.uk

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Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department – WLR Daily

Posted December 14th, 2015 in appeals, deportation, EC law, immigration, law reports, public interest by sally

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department [2015] EWCA Civ 1245; [2015] WLR (D) 512

‘When determining whether the removal of an EEA national who had acquired a permanent right of residence in the United Kingdom was justified on serious grounds of public policy or public security, wider factors, such as the public interest in deterrence and the need to demonstrate public revulsion at the offender’s conduct, could not properly be taken into account.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

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MPs overturn Lords bid to ​give 16- and​​ 17-year-olds right to vote – The Guardian

Posted December 9th, 2015 in bills, EC law, elections, news, parliament, referendums, young persons by sally

‘Labour lords are preparing to defy the House of Commons after it blocked their proposals to let 16- and 17-year-olds vote in the EU referendum.’

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The Guardian, 8th December 2015

Source: www.guardian.co.uk

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Court of Appeal rules burden for proving sham marriage rests with Home Office – Free Movement

‘The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter remarks of former President Blake in the earlier tribunal case of Entry Clearance Officer, Nicosia v Papajorgji [2012] UKUT 00038 (IAC) (FM post: New case law on meaning of genuine and subsisting marriage).’

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Free Movement, 9th December 2015

Source: www.freemovement.org.uk

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UK government scraps plans to legalise private copying – OUT-LAW.com

Posted November 19th, 2015 in copyright, EC law, intellectual property, news by tracey

‘The UK government has scrapped plans to legalise private copying in the UK, Out-Law.com has learned..’

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OUT-LAW.com, 18th November 2015

Source: www.outlaw.com

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Tarmac wins Court of Appeal battle over quarry restoration and waste – Local Government Lawyer

Posted November 19th, 2015 in appeals, construction industry, EC law, news, planning, waste by tracey

‘Tarmac has won a Court of Appeal battle over whether the use of waste in restoring a quarry was waste disposal or waste recovery.’

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Local Government Lawyer, 18th November 2015

Source: www.localgovernmentlawyer.co.uk

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