“Tim Amos QC and Duncan Brooks of Queen Elizabeth Building, counsel for the respondent, consider the issues and implications of the Court of Appeal’s important judgment in Mittal v Mittal.”
Family Law Week, 20th October 2013
Source: www.familylawweek.co.uk
“The Balance of Competences Review was announced by the Foreign Secretary William Hague in July 2012 to examine the balance of competences between the UK and the European Union.”
Ministry of Justice, 21st October 2013
Source: www.consult.justice.gov.uk
“On 16 October 2013, a seven-judge panel of the UK Supreme Court (UKSC) unanimously rejected two challenges (R (Chester) v Secretary of State for Justice and McGeoch v The Lord President of the Council & Anor and the judgment summary) brought by prisoners serving terms of life imprisonment against their disenfranchisement in UK national elections pursuant to section 3(1) of the Representation of the People Act 1983 (RPA) and in EU Parliamentary elections and UK local elections pursuant to section 8(2) of the European Parliamentary Elections Act 2002.”
UK Constitutional Law Group, 21st October 2013
Source: www.ukconstitutionallaw.org
“The principle of equal treatment did not preclude a contracting authority from asking a candidate, after the deadline for applying to take part in the contracts award procedures pursuant to Parliament and Council Directive 2004/18/EC, to provide documents describing that candidate’s situation which could be objectively shown to pre-date that deadline.”
WLR Daily, 10th October 2013
Source: www.iclr.co.uk
“The Law Commission has today [15 October] set out its proposed principles for a new regulatory regime for wildlife.”
Law Commission, 15th October 2013
Source: www.lawcommission.justice.gov.uk
“Three UK broadcasters have won the right to prevent an online streaming service provider from retransmitting the TV programmes they show to users of mobile devices via any ‘mobile telephony network’.”
OUT-LAW.com, 15th October 2013
Source: www.out-law.com
“An attempt by MasterCard to avoid a multi-billion damages claim from a dozen retailers because the monthly due diligence costs charged by its lawyers at Jones Day could be as much as £700,000 has been rejected by the High Court.”
The Lawyer, 16th October 2013
Source: www.thelawyer.com
“Forgive me for returning to this case, but it raises all sorts of questions. On the face of it, it concerns 2 specific environmental directives, but it has implications for costs generally in environmental cases.”
UK Human Rights Blog, 15th October 2013
Source: www.ukhumanrightsblog.com
“The Supreme Court will rule later whether prisoners have the right to vote under European Union rules – even though they cannot under British law.”
BBC News, 16th October 2013
Source: www.bbc.co.uk
“Britain’s ‘economic, physical and ethical well-being’ depends on it playing an ‘active part’ in the European Union and the European Convention on Human Rights, the Attorney General has said.”
Daily Telegraph, 14th October 2013
Source: www.telegraph.co.uk
“On the proper interpretation of article 28(2)(b) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, (as amended), ‘legislation’ to which a pensioner had been subject for the longest period of time, for the purpose of that provision, referred to legislation concerning pensions.”
WLR Daily, 10th October 2013
Source: www.iclr.co.uk
“S.1 (1) of the Trade Marks Act 1994, which implements art 2 of Directive 2008/95/EC of the European Parliament and the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks, defines a trade mark as ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.’ If you are new to trade mark law or wish to be refreshed on the basics take a decko at ‘Introduction to Trade Marks’ in our IP South East blog of 9 Oct 2013.”
NIPC Law, 13th October 2013
Source: www.nipclaw.blogspot.co.uk
“An action for annulment of a ‘regulatory act’ within the meaning of the fourth paragraph of article 263FEU of the FEU Treaty was available to an individual with a direct concern in an act of general application which was not a legislative act.”
WLR Daily, 3rd October 2013
Source: www.iclr.co.uk
“Euro MPs have voted to ban the sale of packs of 10 cigarettes as part of a general tightening of the law. Why?”
BBC News, 8th October 2013
Source: www.bbc.co.uk
Proceedings brought by Schneider (Case C-386/12); [2013] WLR (D) 366
“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and, in particular article 22(1) thereof in relation to jurisdiction in proceedings concerning rights in rem in immoveable property, did not apply to non-contentious proceedings by which a national of a member state who had been declared to be lacking full capacity and placed under guardianship in that member state had applied to a court in another member state for authorisation to sell his share of a property situated in that other member state.”
WLR Daily, 3rd October 2013
Source: www.iclr.co.uk
“Where the period of time allowed for commencing proceedings against a measure adopted by an European Union institution ran from the publication of that measure, the provisions of rule 102(1) of the Rules of Procedure of the General Court whereby that period was to be calculated from the end of the 14th day after publication in the Official Journal of the European Union, applied to any published measure irrespective of the means of publication.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
French Republic v Commission of the European Union (Case C-115/12P); [2013] WLR (D) 364
“The calculation of whether a member state had ‘subsided directly’ by more than 50% a works contract awarded by an entity other than themselves within the meaning of article 2(1) of Council Directive 93/37/EEC which triggered the public procurement procedures under that Directive, included sums arising from tax reductions to the members of commercial partnerships, who were natural persons, investing in a works contract.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
The Dow Chemical Co v Commission of the European Union (Case C-179/12P); [2013] WLR (D) 363
“For the purposes of establishing liability for participation in an infringement of article 101FEU of the FEU Treaty, where two parent companies each had a 50% shareholding in a joint venture company which had committed an infringement, and only in so far as the commission had demonstrated that both parent companies did in fact exercise decisive influence over the joint venture, those three entities could be considered to form a single economic unit and therefore form a single undertaking for the purposes of article 101FEU.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
“European human rights judges have told ministers to justify the use of a ‘control order’ against a suspect MI5 believe to be linked with a Libyan terrorist group, in a move which raises new questions about Strasbourg’s influence over British justice.”
Daily Telegraph, 1st October 2013
Source: www.telegraph.co.uk
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