Supreme Court backs raped tourist in blow to travel industry – Law Society’s Gazette

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘A British woman who was sexually assaulted by a hotel worker on a package holiday has won her Supreme Court appeal, in a judgment of “major importance to the travel industry”.’

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Law Society's Gazette, 30th July 2021

Source: www.lawgazette.co.uk

Registered Designs – Lutec (UK) Ltd v Cascade Holdings Ltd – NIPC Law

Posted August 3rd, 2021 in brexit, EC law, intellectual property, news by sally

‘This case started as an action for the infringement of two registered Community designs, namely 000540927-0001 and 000540927-0002. Before the action came on for trial, the transition or implementation period provided by art 126 of the agreement by which the UK withdraw from the EU expired. The Senior Courts of England and Wales ceased to be Community design courts and registered Community designs ceased to apply to the UK. Art 54 (1) (b) of that agreement provided for holders of registered Community designs to be awarded equivalent registered designs in the UK (see Jane Lambert How Brexit has changed IP Law 17 Jan 2021 NIPC Brexit and Jane Lambert IP after Brexit 26 Jan 2021 Slideshare). Those registered designs are for “Interior lights, Exterior lights” registered in the name of the third claimant under registration number 90005409270001 and “Interior lights, Exterior lights” registered in the name of the same claimant under registration number 90005409270002. The claim proceeded as an action for the infringement of those registered designs.’

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NIPC Law, 2nd August 2021

Source: nipclaw.blogspot.com

New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34 – UKSC Blog

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”).’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Right-to-work regime – Law Society’s Gazette

‘The Home Office has issued new right-to-work guidance as the Brexit transitional arrangements for EU workers in the UK came to an end on 30 June 2021.’

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Law Society's Gazette, 2nd August 2021

Source: www.lawgazette.co.uk

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Revenue and Customs [2020] UKSC 47 – UKSC Blog

‘The Supreme Court has unanimously allowed this appeal concerning the law of limitation.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

The Battle of Revolax – Fox Group International Ltd v Teleta Pharma Ltd – NIPC Law

Posted July 23rd, 2021 in EC law, intellectual property, news, trade marks by sally

‘There really was a battle of Revolax between Russia and Sweden in 1808 but that has nothing to do with this article. Revolax is also the name of a hyaluronic acid dermal filler manufactured by the Korean company Across Co., Ltd (“Across”) which Fox Group International Ltd. (“Fox”) enjoyed the exclusive right to distribute in the UK.’

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NIPC Law, 23rd July 2021

Source: nipclaw.blogspot.com

Hundreds of thousands of EU citizens ‘scrabbling’ to attain post-Brexit status before deadline – The Guardian

Posted June 28th, 2021 in brexit, citizenship, EC law, immigration, news, statistics, time limits, visas by tracey

‘EU citizens are struggling to apply for post-Brexit settled status as the Home Office reaches “breaking point” coping with a last-minute surge in applications. With three days before the deadline of the EU settlement scheme this Wednesday, campaigners say late applicants are being stuck in online queues as others find it impossible to access advice on the government helpline.’

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The Guardian, 26th June 2021

Source: www.theguardian.com

UK leads the way as class actions surge across Europe – Litigation Futures

Posted June 24th, 2021 in class actions, EC law, news, statistics by sally

‘A record number of class actions has been filed across Europe in recent years, with more than half of them brought in the UK, according to new research.’

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Litigation Futures, 23rd June 2021

Source: www.litigationfutures.com

Limited leave to remain does not knock out a Zambrano claim – EIN Blog

‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’

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EIN Blog , 21st June 2021

Source: www.ein.org.uk

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

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Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk

Replace GDPR, says prime minister’s regulatory hit-squad – Law Society’s Gazette

Posted June 17th, 2021 in brexit, data protection, EC law, news, reports by sally

‘EU-era data protection laws would be replaced by common-law based UK legislation under a list of proposals for a “bold new” post-Brexit framework proposed by a working party set up by the prime minister today.’

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Law Society's Gazette, 16th June 2021

Source: www.lawgazette.co.uk

Beyond status: the long road towards effective health and safety rights for on-demand workers – by Aude Cefaliello – UK Labour Law

Posted June 17th, 2021 in brexit, casual workers, EC law, employment, health & safety, news by sally

‘Over the past months, there has been an alignment of stars between two major court rulings that have the potential to reshape the working lives of on-demand workers and the business model of platforms.’

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UK Labour Law, 16th June 2021

Source: uklabourlawblog.com

EU Settled Status scheme – what to expect if you miss the deadline – EIN Blog

Posted June 9th, 2021 in brexit, EC law, immigration, news, visas by sally

‘If you are an EU national resident in the UK before Brexit you can protect your right of residence. All you need to do is make an application for settled status or pre-settled status. This application is made online and, if you avoid technical difficulties, will take only a few minutes to complete. The deadline is 30 June 2021.’

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EIN Blog, 7th June 2021

Source: www.ein.org.uk

Tesco staff win legal argument in equal pay fight – BBC News

‘Thousands of current and former Tesco workers have won a legal argument in their fight for equal pay.’

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BBC News, 3rd June 2021

Source: www.bbc.co.uk

UK guide on data transfer codes and certification anticipated – OUT-LAW.com

Posted June 3rd, 2021 in codes of practice, data protection, EC law, news by sally

‘New guidance on how businesses might use codes of conduct and certification schemes to demonstrate their compliance with rules governing international data transfers could be issued by the UK’s data protection authority in a matter of weeks, Out-Law has learned.’

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OUT-LAW.com, 2nd June 2021

Source: www.pinsentmasons.com

Girl, 10, refused EU settled status in UK despite all family members being accepted – The Independent

Posted May 28th, 2021 in brexit, children, EC law, families, government departments, immigration, news, visas by tracey

‘A 10-year-old girl has been refused EU settled status despite the fact that all of her immediate family members have been granted it.’

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The Independent, 28th May 2021

Source: www.independent.co.uk

EU citizens win right to access personal data held by Home Office – The Guardian

Posted May 28th, 2021 in appeals, data protection, EC law, government departments, immigration, news by tracey

‘EU citizens have won the right to get full access to records about them held by the Home Office or any other body after a legal battle by campaigners. Three judges at the court of appeal unanimously overturned an earlier high court decision that their case had no legal merit and ruled the Data Protection Act 2018 (DPA) unlawfully denied them access to their data through an “immigration exemption” clause.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

High Court boosts flight delay claims as Supreme Court hears Bott case – Litigation Futures

Posted May 21st, 2021 in airlines, appeals, compensation, delay, EC law, law firms, news, Supreme Court by tracey

‘The High Court has given yet another boost to flight delay practices after ruling that a passenger who boarded in London but suffered a delay on the connecting leg of her flight in Canada was entitled to compensation.’

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Litigation Futures, 20th May 2021

Source: www.litigationfutures.com

The new Trade Act 2021 – Brexit Law

Posted May 12th, 2021 in brexit, chambers articles, EC law, genocide, news, public procurement by sally

‘The new Trade Act 2021 has now been passed. It received Royal Assent on 29 April 2021, after a seemingly long time spent passing through the various committee stages in Parliament. Importantly, as regards the UK’s trade remedies, the Act finally establishes the Trade Remedies Authority (TRA) as the entity responsible for investigations and for reaching decisions in this arena, including recommendations that the Secretary of State for International Trade (SoS) impose trade defence measures in individual cases.’

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Brexit Law, 11th May 2021

Source: brexit.law

Street traders lose legal challenge over “innovative product” criterion imposed by council – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge brought by street traders over a council’s implementation of a regulatory framework that requires stall owners to sell products not readily available on the high street.’

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Local Government Lawyer, 10th May 2021

Source: www.localgovernmentlawyer.co.uk