Law on hyperlinking clarified by High Court – OUT-LAW.com

Posted November 7th, 2019 in copyright, EC law, intellectual property, internet, news by tracey

‘The application of copyright law to hyperlinking has been clarified by the High Court in London in a judgment that will be welcomed by rights holders, an intellectual property law expert has said.’

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OUT-LAW.com, 6th November 2019

Source: www.pinsentmasons.com

Shannon Woodley discusses Raqeeb V Barts NHS Foundation Trust – Park Square Barristers

Posted October 31st, 2019 in children, consent, EC law, hospitals, human rights, judicial review, medical treatment, news by sally

‘A series of high-profile cases have highlighted the difficulty faced by the courts when presented with chronically ill children who have exhausted their options for medical treatment in the UK, and whose parents or carers wish to take them abroad to seek further treatment.’

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Park Square Barristers, 8th October 2019

Source: www.parksquarebarristers.co.uk

What’s (or what’s not) in the Johnson draft Withdrawal Agreement Bill? – Monckton Chambers

Posted October 29th, 2019 in bills, brexit, constitutional law, EC law, news, parliament by sally

‘The European Union (Withdrawal Agreement) Bill (“WAB”) is (to put it mildly) a web of complexity.’

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Monckton Chambers, 25th October 2019

Source: www.monckton.com

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV – Blackstone Chambers

Posted October 29th, 2019 in competition, EC law, jurisdiction, licensing, news, patents by sally

‘The High Court has declined jurisdiction over an abuse of dominance claim against HEVC Advance (incorporated in Delaware) and Philips (incorporated in the Netherlands).’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

The impact of foreign insolvency proceedings on English law bank guarantees: ascertaining foreign law, the scope of the European Insolvency Regulation and the effect of pending actions – 4 New Square

Posted October 29th, 2019 in EC law, enforcement, guarantees, insolvency, Ireland, news, notification, service by sally

‘Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm, in resisting claims by the bank on personal guarantees. The case raised a number of important points of European cross border insolvency law under the European Insolvency Regulation, and the English Court’s exercise of a foreign law judicial power.’

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4 New Square, 28th October 2019

Source: www.4newsquare.com

New Judgment: Routier v Commissioners for Her Majesty’s Revenue and Customs [2019] UKSC 43 – UKSC Blog

‘The issue in this appeal was whether a movement of capital between the United Kingdom and Jersey should be regarded as an internal transaction taking place within a single member state for the purposes of article 56 of the Treaty Establishing the European Community; and if not, whether the refusal of relief under section 23 in respect of the gift to the Coulter Trust is justifiable under EU law.’

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UKSC Blog, 16th October 2019

Source: ukscblog.com

The Four Categories of Risk to Rights in the Brexit Process – Oxford Human Rights Hub

Posted October 9th, 2019 in brexit, EC law, human rights, news by sally

‘Writing only weeks before the (re)scheduled date of UK withdrawal from the EU, there seems little of which to be certain: it is still uncertain whether the UK will withdraw on a ‘No-Deal’ basis, or under a Withdrawal Agreement. Whatever the process of withdrawal, however, there should be no doubt that it will have a negative impact on the system of rights protection in the UK. Beyond the immediate loss of rights and remedies which arise directly from EU membership, the legal process of withdrawal has already indicated this negative impact: under the European Union (Withdrawal) Act 2018, the EU Charter of Fundamental Rights will not be retained, just as general principles (including recognisably fundamental rights) are retained only where they have been recognised by EU case law but given no right of action or remedy. The 2018 Act also follows similar Brexit legislation in delegating wide legislative power to the executive (unprecedented in scale and scope) to amend or repeal retained EU law. While the cumulative effect of Brexit is as yet near-impossible to fully gauge, the aim of this post is to introduce four categories of risk to the protection of rights posed by the Brexit process.’

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Oxford Human Rights Hub, 7th October 2019

Source: ohrh.law.ox.ac.uk

Supreme Court to hear Mastercard CPO appeal – Litigation Futures

Posted October 9th, 2019 in appeals, banking, class actions, EC law, fees, news, Supreme Court by sally

‘The Supreme Court has granted Mastercard permission to appeal against the Court of Appeal ruling that kept the massive £14bn class action over interchange fees alive.’

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Litigation Futures, 8th October 2019

Source: www.litigationfutures.com

Outdated law led to voting problems in EU elections – watchdog – The Guardian

Posted October 9th, 2019 in EC law, elections, enfranchisement, news, ombudsmen by sally

‘The government’s failure to reform outdated legislation caused some EU citizens in the UK and British citizens overseas to lose their vote in the European elections in May, the Electoral Commission has concluded.’

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The Guardian, 8th October 2019

Source: www.theguardian.com

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

‘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

‘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

‘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

‘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

‘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