Of Megabytes and Men: the private use exception under the judicial lens and lessons for state aid claims – Competition Bulletin from Blackstone Chambers

Posted July 3rd, 2015 in copyright, EC law, judicial review, news, proportionality, state aids by tracey

‘On 19 June 2015, the High Court allowed a claim for judicial review against the decision to introduce a narrow “private copying” exception to the Copyright, Designs and Patents Act 1988 (the “CDPA 1988”). The decision is of interest to EU and competition lawyers for two reasons: (1) its examination of the standard of review in public law cases with an EU law dimension and also (2) its analysis of the state aid issues which were raised.’

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Competition Bulletin from Blackstone Chambers, 2nd July 2015

Source: www.competitionbulletin.com

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Regina (Lumsdon and others) v Legal Services Board – WLR Daily

Regina (Lumsdon and others) v Legal Services Board [2015] UKSC 41; [2015] WLR (D) 270

‘The decision of the Legal Services Board to approve the Quality Assurance Scheme for Advocates (“QASA”), introduced by the regulators to assess the performance of criminal advocates in England and Wales, complied with the requirements of article 9 of Parliament and Council Directive 2006/123/EC and regulation 14 of the Provision of Services Regulations 2009 (SI 2009/2999), and was proportionate and lawful.’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

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Supreme Court on EU and ECHR proportionality – back to basics – UK Human Rights Blog

‘The Supreme Court has reminded us, in a tour de force by Lord Reed, that there is no such thing as one-stop proportionality. It varies between ECHR and EU law, and the tests of EU proportionality then vary according to the nature of the EU issue in play.’

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UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

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UK private copyright exception ‘unlawful’, rules High Court – OUT-LAW.com

Posted June 23rd, 2015 in compensation, copyright, EC law, intellectual property, news, proportionality by tracey

‘The UK’s private copying regime is “unlawful”, the High Court has ruled.’

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OUT-LAW.com, 19th June 2015

Source: www.out-law.com

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Legal challenge against Data Retention and Investigatory Powers Act reaches High Court – OUT-LAW.com

‘A legal challenge fronted by two UK MPs against communications surveillance laws passed last year has reached the High Court.’

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OUT-LAW.com, 4th June 2015

Source: www.out-law.com

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International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) [2015] UKSC 33; [2015] WLR (D) 233

‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

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Election ‘most disproportionate in history’ say campaigners – BBC News

Posted June 2nd, 2015 in constitutional reform, elections, news, proportionality, reports by sally

‘The 2015 general election was the “most disproportionate in British history”, the Electoral Reform Society has said.’

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BBC News, 1st June 2015

Source: www.bbc.co.uk

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UK Supreme Court judges show little appetite for extending ‘Fairchild’ exception to other scenarios, says expert – OUT-LAW.com

‘Comments made by some of the UK’s top judges during a recent ruling appear to signal their reluctance to extend the so-called ‘Fairchild’ exception to the normal rules of causation to cover any more types of damage or injury, an expert has said.’

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OUT-LAW.com, 26th May 2015

Source: www.out-law.co.com

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Anti-vivisection activists win right to legal challenge over how Home Office investigated the care of animals at leading research institution – The Independent

‘Anti-vivisection activists have won the right to a legal challenge over the way the Home Office investigated the care of animals at a leading research institution.’

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The Independent, 17th May 2015

Source: www.independent.co.uk

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Retention of offenders’ DNA profiles not illegal, supreme court rules – The Guardian

Posted May 14th, 2015 in appeals, DNA, human rights, news, police, privacy, proportionality by tracey

‘Retaining DNA profiles of convicted adults indefinitely is not an illegal breach of their privacy, the supreme court has ruled in a test case involving a Northern Ireland drink driver. he judgment by the UK’s highest court sets a significant precedent in making a clear distinction between information that police forces may keep on those who have been convicted, as opposed to those who were merely suspects.’

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The Guardian, 13th May 2015

Source: www.guardian.co.uk

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SS (Congo) and others v Secretary of State for the Home Department – WLR Daily

SS (Congo) and others v Secretary of State for the Home Department [2015] EWCA Civ 387; [2015] WLR (D) 199

‘Where an application was made by a person for leave to enter the United Kingdom to join a spouse or family member who was a British citizen or refugee already residing there, but the application did not meet the minimum income or evidence of income requirements under the Immigration Rules for an application for leave to enter, compelling circumstances had to be shown to exist to justify the granting by the Secretary of State under her residual discretion of leave to enter outside the Immigration Rules on the grounds that refusal of entry would disproportionately interfere with the applicant’s article 8 Convention right to respect for family life.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

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Bank Mellat’s $4bn A1P1 claim gathers pace – UK Human Rights Blog

Posted May 11th, 2015 in banking, damages, human rights, news, proportionality, terrorism by sally

‘Two recent judgments underscoring the potential high cost of the UK getting it wrong in its dealing with businesses and hence being liable to pay damages under the Human Rights Act for breach of its A1P1 obligations. Regular readers will know that A1P1 is the ECHR right to peaceful enjoyment of property.’
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UK Human Rights Blog, 9th May 2015

Source: www.ukhumanrightsblog.com

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Costs Management, Proportionality and How the Courts Will Approach Costs Incurred Across the 2013 Divide – Zenith PI Blog

Posted April 21st, 2015 in budgets, case management, civil procedure rules, costs, news, proportionality by sally

‘Since the introduction of the Civil Procedure Rules, the standard basis of assessment of costs in civil litigation has required costs to be proportionate to the matters in issue as well as reasonably incurred and proportionate in amount.’

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Zenith PI Blog, 20th April 2015

Source: www.zenithpi.wordpress.com

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Pham (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Pham (Appellant) v Secretary of State for the Home Department (Respondent) [2015] UKSC 19 (YouTube)

Supreme Court, 25th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) – WLR Daily

Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) [2015] UKSC 19; [2015] WLR (D) 166

‘The question whether a person was not considered as a national by a state under the operation of its law, with the effect that he would be stateless if deprived of British citizenship, was not necessarily to be decided solely by reference to the text of the nationality legislation of the state in question, and reference might also be made to the practice of the government, even if not subject to effective challenge in the courts.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

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The Care Act 2014: Care Planning – Doughty Street Chambers

‘This section deals with the law when local authorities are required or have
decided to meet the needs of adults who need care and support or support
(carers). As they are not yet in force the rules which are specific to selffunders and the ‘care-cost cap” have been left out. ‘

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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The Supreme Court on statelessness, EU citizenship and proportionality – UK Human Rights Blog

‘On first glance, this was not a judgment about human rights. It concerned the definition of statelessness under article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, and raised issues of competence and jurisdiction in relation to EU citizenship. Its specific interest for human rights lawyers lies primarily in the observations about the principle of proportionality; and in where the case, which most certainly does raise human rights issues, is likely to go next.

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

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The Care Act 2014: Eligibility Criteria, Duties and Powers in Respect of Adults in Need of Care and Support – Doughty Street Chambers

‘This section deals with the eligibility criteria and the powers and duties in respect of adults in need of ‘care and support’. The new powers and duties in relation to those who provide adults with care are dealt with separately.’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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The Care Act 2014: The Duty to Assess Need – Doughty Street Chambers

‘This paper considers the duties to undertake assessments of care needs in the Care
Act 2014 (“the Act”), including the primary duty under section 9, the duty to assess
carers under section 10; the transition assessment duties and the out of area
transfer duties under sections 58 and 37 respectively.’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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Regina v Doran and another – WLR Daily

Regina v Doran and another [2015] EWCA Crim 384; [2015] WLR (D) 129

‘A surveillance operation mounted by Revenue and Customs because they suspected that a consignment of cigarettes were being imported with the purpose of evading the duty payable did not result in a disconnection between the goods and the importers. Revenue and Customs were thereby monitoring the import, not controlling it, so that a judge was entitled to find that the importers were “holding” the goods within the meaning of regulation 13(1) of the Tobacco Products Regulations 2001 and, by that means, were retaining their connection with the goods at the excise duty point.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

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