Category: EC law

Browser Generated Information: “loss of control” entitles search engine users to compensation – UK Human Rights Blog

Posted October 7th, 2019 in appeals, class actions, compensation, consumer protection, damages, data protection, EC law, news, privacy, service out of jurisdiction by tracey

‘Richard Lloyd v. Google LLC [2019] EWCA Civ 1599. The Court of Appeal has ruled that a claimant can recover damages for loss of control of their data under section 13 of Data Protection Act 1998 without proving pecuniary loss or distress. The first instance judge, Warby J, had dismissed Mr Lloyd’s application for permission to serve Google outside the jurisdiction in the USA, so preventing the claim getting under way.’

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UK Human Rights Blog, 4th October 2019

Source: ukhumanrightsblog.com

Krishan Nadesan: Asking the Impossible: Benn, Kinnock and Extending Article 50 – UK Constitutional Law Association

Posted October 2nd, 2019 in amendments, bills, brexit, constitutional law, EC law, ministers' powers and duties, news, statutory duty, statutory interpretation, time limits, treaties by sally

‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’

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UK Constitutional Law Association, 1st October 2019

Source: ukconstitutionallaw.org

Scope of a holiday provider’s liability, by Malcolm Johnson – Law Society Gazette

Posted September 25th, 2019 in appeals, damages, EC law, holidays, news, references to European Court, sexual offences, Supreme Court by michael

‘In X v Kuoni Travel Ltd [2019] UKSC 37, the claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the defendant. While on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead sexually assaulted her. She claimed damages against the defendant for breach of contract under the Package Travel, Package Holidays and Package Tours Regulations 1992 …’

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Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Right of appeal against refusal of a residence card: the conclusion – UK Human Rights Blog

Posted September 11th, 2019 in appeals, EC law, families, human rights, immigration, news, tribunals by tracey

‘The question of whether non-married partners and wider dependent relatives (e.g. grown-up children) of EEA nationals (known as “extended family members”) have a right of appeal against a decision by the Home Secretary to refuse them a residence card under the EEA Regulations has had a fraught recent history.’

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UK Human Rights Blog, 10th September 2019

Source: ukhumanrightsblog.com

New Acts – legislation.gov.uk

Posted September 11th, 2019 in brexit, EC law, leases, legislation, parliament, repairs by tracey

Parliamentary Buildings (Restoration and Renewal) Act 2019

European Union (Withdrawal) (No. 2) Act 2019

Kew Gardens (Leases) Act 2019

Source: www.legislation.gov.uk

EU children in custody to be stripped of rights as Home Office prevents them from applying for settled status – The Independent

Posted September 10th, 2019 in brexit, children, EC law, immigration, imprisonment, news, young offenders by tracey

‘Dozens of vulnerable EU children serving jail sentences in Britain could be stripped of their immigration rights after Brexit because the Home Office is refusing to let them apply for settled status.’

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The Independent, 10th September 2019

Source: www.independent.co.uk

Court cannot deviate from six month limit for cross-border merger certificates – OUT-LAW.com

Posted September 5th, 2019 in EC law, foreign companies, foreign jurisdictions, jurisdiction, mergers, news, time limits by tracey

‘The High Court in England has ruled that the EU’s cross-border merger regulations meant that a pre-merger certificate from an EU member state court cannot be more than six months old when hearing an application for sanction of the merger, even where obtaining a second pre-merger certificate would be difficult.’

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OUT-LAW.com, 4th September 2019

Source: www.pinsentmasons.com

Philip Allott: The Legality of a No-Deal Brexit Could Be Challenged – UK Constitutional Law Association

Posted September 3rd, 2019 in brexit, EC law, international law, interpretation, news, time limits, treaties by sally

‘It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision on a ‘no deal’. That will be a choice for the British.’’

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UK Constitutional Law Association, 3rd September 2019

Source: ukconstitutionallaw.org

Asylum-Seeking Children Might Not Be Able To Reunite With Their Families After Brexit, Campaigners Warn – Rights Info

Posted September 3rd, 2019 in asylum, brexit, children, EC law, families, government departments, human rights, immigration, news, refugees by sally

‘The Home Office is looking to end the current system which reunites asylum-seeking children with their families if a no-deal Brexit goes through.’

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Rights Info, 2nd September 2019

Source: rightsinfo.org

People Over Wind confirmed by Court in recent Judgment – No. 5 Chambers

Posted September 2nd, 2019 in EC law, environmental protection, news, planning by sally

‘The High Court has recently dismissed a Claimant’s application under section 288 of the 1990 Act in relation to the First Defendant’s Inspector’s decision refusing planning permission following the Court of Justice of the European Union (‘CJEU’)’s Judgment in People Over Wind and Sweetman v Coillte Teoranta [C-323/17], confirming that it is good law.’

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No. 5 Chambers, 7th August 2019

Source: www.no5.com

Parliament had failed on Brexit long before this prorogation – The Guardian

Posted August 30th, 2019 in brexit, constitutional law, EC law, news, parliament, prerogative powers, prorogation, referendums by sally

‘MPs had three years to come up with an alternative to no deal – and they failed.’

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The Guardian, 29th August 2019

Source: www.theguardian.com

No Deal Brexit risks reversing human rights progress in extradition law – UK Human Rights Blog

Posted August 28th, 2019 in brexit, EC law, extradition, human rights, news by tracey

‘The UK Government’s vow to leave the European Union “whatever the circumstances” on the 31st October has left the UK hurtling towards a no-deal Brexit this Halloween, but what does this mean for the rights of people subject to future extradition between the UK and the EU?.’

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UK Human Rights Blog, 28th August 2019

Source: ukhumanrightsblog.com

Home Office ad telling EU citizens how to stay in UK after Brexit banned for being ‘misleading’ – The Independent

Posted August 28th, 2019 in advertising, citizenship, documents, EC law, government departments, immigration, news, ombudsmen by tracey

‘A Home Office campaign informing EU nationals how to confirm their UK status after Brexit has been banned by the advertising watchdog for being “misleading”.’

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The Independent, 27th August 2019

Source: www.independent.co.uk

How will the UK immigration system cope with no deal Brexit? – Garden Court Chambers

Posted August 23rd, 2019 in appeals, bills, brexit, delay, EC law, freedom of movement, human rights, immigration, news, pilot schemes, statistics by sally

‘UK immigration reform is imminent. The Government’s 2018 White Paper proposals for a new immigration system appear to be here to stay and a no deal Brexit looks more likely than ever.’

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Garden Court Chambers, 22nd August 2019

Source: www.gardencourtchambers.co.uk

New Judgment: X v Kuoni Travel Ltd [2019] UKSC 37 -UKSC Blog

Posted July 24th, 2019 in appeals, contracts, EC law, holidays, news, references to European Court, Supreme Court by sally

‘This appeal considered whether the respondent is liable to the appellant for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations, reg 15.’

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UKSC Blog, 24th July 2019

Source: ukscblog.com

Brexit activist Darren Grimes wins appeal against £20,000 Electoral Commission fine – Daily Telegraph

Posted July 22nd, 2019 in brexit, budgets, EC law, fines, news, ombudsmen, referendums, statutory interpretation by sally

‘Brexit activist Darren Grimes has won an appeal against a £20,000 fine imposed by the Electoral Commission for his activity during the 2016 Brexit referendum.’

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Daily Telegraph, 19th July 2019

Source: www.telegraph.co.uk

House of Lords passes amendment to help prevent no-deal Brexit – The Guardian

Posted July 18th, 2019 in bills, brexit, EC law, news, Northern Ireland, parliament, prorogation by tracey

‘Bill could make it illegal for a Boris Johnson administration to prorogue parliament.’

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The Guardian, 17th July 2019

Source: www.theguardian.com

UK privacy watchdog notifies multi-million pound fines for data breaches – Technology Law Update

Posted July 11th, 2019 in data protection, EC law, electronic commerce, fines, news by sally

The UK’s data privacy regulator, the ICO, has started issuing notices of intention to fine data controllers under the GDPR for data breaches. The maximum fine the ICO can impose for a breach of data protection laws increased from £500k under the Data Protection Act 1998 to €20m or 4% of global annual turnover, whichever is greater, under GDPR. GDPR also introduced stronger data breach reporting and notification requirements.

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Technology Law Update, 10th July 2019

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

Fears UK law change could prevent scrutiny of money launderers – The Guardian

Posted July 11th, 2019 in EC law, media, money laundering, news by sally

‘Plans to introduce laws in Britain to combat money laundering could prevent the media and researchers from accessing vital information on the tide of dirty cash flowing around the world, campaigners and journalists have warned.’

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The Guardian, 9th July 2019

Source: www.theguardian.com

Ep 86: Brexit – The Conservative leadership election and a new EU negotiating team – Law Pod UK

Posted July 4th, 2019 in brexit, EC law, news, parliament, political parties by sally

‘Here Professor Barnard examines whether either candidate could sign up to a tariff free no-deal, the so called GATT 24 option, and what the timings for Brexit look like both here and in the EU.’

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Law Pod UK, 3rd July 2019

Source: audioboom.com