Supreme Court rejects appeal by Zambrano carer over provision – Local Government Lawyer

Posted November 17th, 2017 in benefits, carers, children, EC law, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court has this week rejected a claim that the denial of mainstream welfare and housing provision to a Zambrano carer and her child was unlawful.’

Full Story

Local Government Lawyer, 17th November 2017

Source: www.localgovernmentlawyer.co.uk

Interpretation of Article 24(2) Brussels Recast – Jurisdiction and Conflict of Laws

‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’

Full Story

Jurisdiction and Conflict of Laws, 10th November 2017

Source: jurisdictionandconflicts.net

Public Law Podcast Seminar on Radicalisation Part 3: Detention – UK Human Rights Blog

Posted November 2nd, 2017 in asylum, detention, EC law, extradition, news, regulations by tracey

‘Detention and the common European Asylum System – Alasdair Henderson and Suzanne Lambert

The highlights of the Public Law Seminar given by members of 1 Crown Office Row are now available for podcast download here or from iTunes under Law Pod UK, Episodes 13, 14 and 15. For ease of reference the following three posts set out the introductions to each of the presentations and the case citations.’

Full Story

UK Human Rights Blog, 27th October 2017

Source: ukhumanrightsblog.com

Brexit and the potential implications on couples and families – Family Law

Posted November 1st, 2017 in EC law, families, freedom of movement, news by sally

‘Since joining the EU, the free movement of people throughout Europe has led to an increase in international families in the UK, with more marriages involving people of different nationalities and from different cultures than ever before. The large number of international families in the UK could mean social, economic and legal complexities post-Brexit, with studies already showing that Brexit is causing friction within families.’

Full Story

Family Law, 1st November 2017

Source: www.familylaw.co.uk

Government reiterates plans for EU-UK data flows post-Brexit amidst criticism of Data Protection Bill powers – OUT-LAW.com

‘The UK government has reiterated its plans to establish an agreement with the remainder of the EU member states that will allow personal data to flow across borders unhindered post-Brexit.’

Full Story

OUT-LAW.com, 30th October 2017

Source: www.out-law.com

Most organisations are unclear about data storage and transfer arrangements, say privacy watchdogs – OUT-LAW.com

‘Most privacy notices displayed on websites and mobile apps do not explain to consumers the country in which collected personal data is stored, according to a study carried out by data protection authorities based around the world.’

Full Story

OUT-LAW.com, 26th October 2017

Source: www.out-law.com

Law Pod UK Ep. 15: Inquests and Article Two – 1 COR

Posted October 30th, 2017 in EC law, human rights, inquests, news, treaties by sally

‘Caroline Cross and Rachel Marcus look at the link between inquests and Article Two of the European Convention on Human Rights. Recorded at the 2017 Public Law event at King’s College London.’

Full Story

Law Pod UK, 17th October 2017

Source: audioboom.com

Bridge is not a sport and can’t have tax break, says European Court of Justice – Daily Telegraph

Posted October 27th, 2017 in EC law, international courts, news, sport, statutory interpretation, VAT by sally

‘Bridge is not a sport, European Union judges ruled today, in a decision that dealt a blow to British clubs’ hopes of a VAT tax break.’

Full Story

Daily Telegraph, 26th October 2017

Source: www.telegraph.co.uk

Alison Young: Benkharbouche and the Future of Disapplication – UK Constitutional Law Association

Posted October 26th, 2017 in bills, conflict of laws, EC law, jurisdiction, news, Supreme Court, working time by sally

‘Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and Commonwealth Affairs and Libya v Janah. The case would have been heard in December of last year, but for the small matter of Miller, which caused the hearing to be moved to June of this year. Brexit and Miller, however, do not only seem to have affected the timing of the hearing. They have also affected its importance. What might have been originally anticipated as a potentially defining moment – where the Supreme Court confirmed that the EU’s Charter of Fundamental Rights and Freedoms could be used as a stand-alone cause of action to disapply primary legislation and explained how this could be achieved – was translated into an almost blasé statement by the court that ‘a conflict between EU law and English domestic law must be resolved in favour of the former, with the latter being disapplied; whereas the remedy in the case of inconsistency with Article 6 of the Human Rights Convention is a declaration of incompatibility.’ What might once have seemed controversial has become run of the mill. What has led to the casual acceptance of ‘disapplication’ of a UK statute; and what will happen to disapplication – and the Charter – post-Brexit?’

Full Story

UK Constitutional Law Association, 24th October 2017

Source: ukconstitutionallaw.org

Black former Met officer wins right to sue for discrimination – The Guardian

‘Supreme court ruling hailed as gamechanger by Race4Justice, which says professionals in many fields will now get full protection of equality legislation.’

Full Story

The Guardian, 25th October 2017

Source: www.theguardian.com

Suspicious transaction reports to FCA soar to record high – OUT-LAW.com

‘The number of reports notifying the UK’s Financial Conduct Authority (FCA) of suspicious transactions have risen to their highest ever level, more than doubling in the last two years.’

Full Story

OUT-LAW.com, 23rd October 2017

Source: www.out-law.com

GDPR: scope of rules on profiling not confined to solely automated processing, data watchdog says – OUT-LAW.com

Posted October 23rd, 2017 in data protection, EC law, news, regulations by sally

‘Laws that place restrictions on the ‘profiling’ of individuals do not just apply to data processing completed entirely automatically, EU data protection authorities have said.’

Full Story

OUT-LAW.com, 20th October 2017

Source: www.out-law.com

GDPR – the golden opportunity behind the administrative nightmare – Hardwicke Chambers

Posted October 20th, 2017 in data protection, EC law, news, privacy by sally

‘Olive Cooke. You may not recall her name but you may remember the terrible story of the little old lady driven to take her own life partly as a result of being pursued relentlessly for donations by various charities who had obtained her contact details directly or indirectly.’

Full Story

Hardwicke Chambers, 6th October 2017

Source: www.hardwicke.co.uk

The Great Repeal Bill: What will happen to accrued rights to claim Francovich damages? – Blackstone Chambers

Posted October 20th, 2017 in bills, damages, EC law, human rights, news, repeals by sally

‘In the Miller litigation, the UK Government placed considerable weight upon its intention to enact a “Great Repeal Bill”. As the Supreme Court understood it, such a Bill would “…repeal the 1972 Act and, wherever practical, it will convert existing EU law into domestic law at least for a transitional period” (see the majority judgment at ¶34, see also ¶¶94, 263). Now that the European Union (Withdrawal) Bill has been published, it appears that Francovich damages are an important exception to this intention.’

Full Story

Blackstone Chambers, 3rd October 2017

Source: www.blackstonechambers.com

The Final Destination? The Court of Appeal’s decision in Gahan v Emirates – 4 KBW

Posted October 20th, 2017 in airlines, compensation, delay, EC law, jurisdiction, news, treaties by sally

‘On the 12 October 2017, the Court of Appeal delivered judgment in the joined cases of Gahan v Emirates and Buckley and ors v Emirates [2017] EWCA Civ 1530, in which both the Civil Aviation Authority and the International Air Transport Association intervened.’

Full Story

4 KBW, 13th October 2017

Source: www.4kbw.net

ECJ status post-Brexit – Counsel

Posted October 20th, 2017 in bills, EC law, interpretation, news by sally

‘Will the UK need to keep an eye on ECJ rulings after withdrawal? Rhodri Thompson QC examines the practical and political difficulties.’

Full Story

Counsel, October 2017

Source: www.counselmagazine.co.uk

Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50 – UK Constitutional Law Association

Posted October 20th, 2017 in EC law, news, parliament, treaties by sally

‘The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was asked last Monday in Parliament if she had received legal advice that she could revoke the triggering of the Article 50 process. Her equivocal response led many to believe that such advice does indeed exist. Last Tuesday, this blog published an analysis of whether revocation was possible at the European Union level. This post considers the same question from a domestic law point of view. Many similar questions to those raised in the recent Miller litigation are relevant to determining if the Government can revoke the notification under Article 50. This post concludes that as a matter of domestic law, revocation cannot lawfully be attempted without direct authorisation by an Act of Parliament.’

Full Story

UK Constitutional Law Association, 16th October 2017

Source: ukconstitutionallaw.org

Keir Starmer Talks Human Rights, Brexit, and Everything In-Between – RightsInfo

Posted October 20th, 2017 in EC law, human rights, news, terrorism by sally

‘Human rights took centre-stage – alongside a healthy dose of politics – at a discussion between Shadow Minister for Brexit Sir Keir Starmer and the BBC’s Jo Coburn this week.’

Full Story

RightsInfo, 19th October 2017

Source: rightsinfo.org

GDPR: Businesses will be considered ‘aware’ of data breaches when their data processors notice the breach, says watchdog – OUT-LAW.com

Posted October 20th, 2017 in data protection, delay, EC law, news, notification by sally

‘Businesses that outsource the processing of personal data to other companies will be said to be aware of data breaches experienced by those processors as soon as the processors themselves recognise the breach, according to proposed new guidance.’

Full Story

OUT-LAW.com, 20th October 2017

Source: www.out-law.com

UK withdrawal bill ‘rips the heart out of environmental law’, say campaigners – The Guardian

Posted October 18th, 2017 in bills, EC law, environmental protection, news by sally

‘The cornerstones of wildlife and habitat protection have been quietly left out of the withdrawal bill ripping the heart out of environmental law, campaigners say.’

Full Story

The Guardian, 17th October 2017

Source: www.theguardian.com