Home Office unlawfully removed child asylum seeker from UK, High Court rules – The Independent

‘The Home Office unlawfully removed a child asylum seeker from the UK and has been ordered to arrange his return in a landmark High Court ruling.’

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The Independent, 6th December 2018

Source: www.independent.co.uk

Ryanair faces legal action over refusal to refund cancelled flights – The Guardian

Posted December 5th, 2018 in airlines, compensation, complaints, EC law, industrial action, news, ombudsmen by sally

‘The UK’s Civil Aviation Authority is taking legal action against Ryanair over the airline’s refusal to compensate thousands of UK customers affected by flight disruption over the summer.’

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The Guardian, 5th December 2018

Source: www.theguardian.com

Article 50: Law officer says UK can cancel Brexit – BBC News

Posted December 4th, 2018 in brexit, EC law, news, references to European Court, treaties by tracey

‘The UK should be able to unilaterally cancel its withdrawal from the EU, according to a top European law officer. The non-binding opinion was delivered by the European Court of Justice’s advocate general.’

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BBC News, 4th December 2018

Source: www.bbc.co.uk

Court of Appeal clears way for Mastercard hearing – Litigation Futures

Posted November 15th, 2018 in appeals, banking, class actions, EC law, fees, judicial review, jurisdiction, news by tracey

‘The Court of Appeal has ruled that it has jurisdiction to hear an appeal against the decision that stopped the massive £14bn Mastercard class action – the biggest opt-out claim in English legal history.’

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Litigation Futures, 15th November 2018

Source: www.litigationfutures.com

Speech by Lord Justice Singh: Racial Equality and the Law – Courts and Tribunals Judiciary

‘Speech by Lord Justice Singh: Racial Equality and the Law,’

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Courts and Tribunals Judiciary, 14th November 2018

Source: www.judiciary.gov.uk

Relationships as seen in the eyes of the law – Family Law

‘Relationships have been in the news in 2018. Not only did we see two Royal weddings, but at the opposite end of the romance spectrum, in June the UK Supreme Court ruled that it was discriminatory not to allow opposite-sex couples to form civil partnerships. Dianne Millen, an associate at Morton Fraser in Edinburgh, looks at relationships as seen in the eyes of the law.’

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Family Law, 13th November 2018

Source: www.familylaw.co.uk

Takeaway bosses jailed for death of teenage nut allergy sufferer – Daily Telegraph

‘Two takeaway bosses have been jailed over the manslaughter of a 15-year-old girl who suffered an allergic reaction to a meal.’

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Daily Telegraph, 7th November 2018

Source: www.telegraph.co.uk

GDPR: companies should look beyond passwords, says ICO – OUT-LAW.com

Posted November 7th, 2018 in data protection, EC law, electronic commerce, encryption, news by sally

‘Online service providers should consider alternatives to passwords to keep their systems secure and meet their obligations under data protection laws, the UK’s Information Commissioner’s Office (ICO) has said.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

GDPR: the ‘controller v processor’ debate in financial services – OUT-LAW.com

Posted November 5th, 2018 in banking, codes of practice, contracts, data protection, EC law, news, third parties by sally

‘Lessons can be learned in the financial services sector from the rush to update contracts to account for the General Data Protection Regulation (GDPR) taking effect earlier this year.’

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OUT-LAW.com, 2nd November 2018

Source: www.out-law.com

Government faces new legal challenge over plans to speed up fracking – The Guardian

Posted November 5th, 2018 in EC law, energy, environmental protection, fracking, local government, news, planning by sally

‘The government is facing a fresh legal challenge to its proposals to fast-track new fracking sites by loosening planning regulations.’

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The Guardian, 4th November 2018

Source: www.theguardian.com

How has the EU shaped the UK’s tax landscape – 39 Essex Chambers

Posted November 2nd, 2018 in EC law, news, statutory interpretation, taxation by sally

‘In 1973, when the UK acceded to the EU, the new legal order profoundly affected the interpretation of UK statutes, including tax statues. The infringement procedure has often led to changes in UK law, although not always to the extent initially requested. Corporation tax has become the best-known area of EU influence, with litigation over dividends, tax credits, cross-border tax relief and controlled foreign companies. EU law necessarily governs VAT, although member states are given considerable discretion both by the legislator and the courts. The doctrine of abuse of right derives from the EU legal order but the UK has played a major role in developing it. EU law has affected the activity of tax authorities, the structure of the system of appeals and the permitted structure of taxes, as well as substantive tax law. HMRC has become used to cooperation between tax authorities in the single market, and a role for EU law may arise through the terms of the EU/UK trade agreement, as well as through domestic legislation.’

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39 Essex Chambers, 29th October 2018

Source: www.39essex.com

Tighter regulation of cryptoassets coming in the UK – OUT-LAW.com

‘The regulation of cryptoassets is likely to get tighter in the UK, starting from next year, according to a new report by a body tasked with exploring whether new rules are needed to address their growing popularity.’

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OUT-LAW.com, 31st October 2018

Source: www.out-law.com

BREXIT: UK employers must check EU citizens’ right to work in UK – OUT-LAW.com

Posted November 1st, 2018 in brexit, EC law, employment, freedom of movement, immigration, news, pilot schemes by sally

‘A UK government minister has said the onus will be on employers to ensure that EU citizens have the right to work in the UK after the withdrawal from the EU in March next year.’

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OUT-LAW.com, 1st November 2018

Source: www.out-law.com

The Court of Appeal considers FRAND: Unwired Planet v Huawei – NIPC Law

Posted October 30th, 2018 in appeals, competition, EC law, injunctions, licensing, news, patents by sally

‘FRAND stands for “fair, reasonable and non-discriminatory”. It is an acronym to describe the terms upon which licences should be granted for standard essential patents (“SEPs”). SEPs are patents for inventions that are crucial for compliance with a technical standard. I attempted an introduction to FRAND terms and SEPs in FRAND on 8 Oct 2017. Lord Kitchin gave a much better one in the first five paragraphs of his judgment in Unwired Planet International Ltd and Another v Huawei Technologies Co Ltd and Another [2018] EWCA Civ 2344 (23 Oct 2018).’

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NIPC Law, 28th October 2018

Source: nipclaw.blogspot.com

The right of appeal against refusal of a residence card: the latest developments – UK Human Rights Blog

Posted October 26th, 2018 in appeals, EC law, families, human rights, immigration, news by tracey

‘As discussed previously on the Blog, the rights of the family members of EEA nationals to reside in the UK is currently in a state of flux. One important issue concerns the appeal rights of an “extended family member” of an EEA national.’

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UK Human Rights Blog, 24th October 2018

Source: ukhumanrightsblog.com

Patents: multiple FRAND terms possible, says UK court – OUT-LAW.com

Posted October 24th, 2018 in appeals, competition, EC law, injunctions, licensing, news, patents, telecommunications by tracey

‘It is possible for more than one set of proposed licensing terms for standard-essential patents (SEPs) to be fair, reasonable and non-discriminatory (FRAND), the Court of Appeal in London has said.’

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OUT-LAW.com, 24th October 2018

Source: www.out-law.com

Are You Being Served? Rules On International Service in Family Cases – Family Law Week

‘Sarah Lucy Cooper, barrister, Thomas More Chambers considers the issue of international service in family cases.’

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Family Law Week, 21st October 2018

Source: www.familylawweek.co.uk

UK government reveals transition from EU to UK law for financial instruments – OUT-LAW.com

Posted October 18th, 2018 in brexit, EC law, financial regulation, news by sally

‘The UK’s Financial Conduct Authority (FCA) will be given a set of temporary powers giving it flexibility over the operation of the transparency regime for the EU’s second Markets in Financial Instruments Directive (MiFID II) after Brexit.’

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OUT-LAW.com, 16th October 2018

Source: www.out-law.com

Split Court of Appeal rules detention of asylum seekers unlawful — Part 1 – UK Human Rights Blog

Posted October 18th, 2018 in asylum, detention, EC law, news by sally

‘The Court of Appeal has concluded, by a 2-1 majority, that the detention of five asylum seekers pending their removal to another country where they should first have claimed asylum had been unlawful, and that they were entitled to damages. This article (the first of two) will unpick the reasons behind this legally complex appeal.’

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UK Human Rights Blog, 17th October 2018

Source: ukhumanrightsblog.com

Brexit as a revolution – Law Pod UK

Posted October 18th, 2018 in brexit, diplomats, EC law, podcasts by sally

‘Professor Catherine Barnard has this exclusive interview with Sir Ivan Rogers, the former UK Ambassador to the EU, following his speech to Trinity College Cambridge last week. They discuss the themes of this speech which can be found in full on the Trinity College website.’