“Britain will on Monday take steps towards opting out of a series of EU law and order measures in a move designed by the Tories to show that they are living up to their pre-election Eurosceptic pledges.”
The Guardian, 14th October 2012
Source: www.guardian.co.uk
“Cloud computing is becoming an ever more pervasive feature of the technological world. Whether one is dabbling in social networking or purchasing goods online, the truth is that we all, to a greater or lesser extent, now have our heads in the virtual clouds. However, the use of cloud computing inevitably raises important information law issues, particularly in terms of the impact on privacy rights and also under the Data Protection Act 1998.”
Panopticon, 27th September 2012
Source: www.panopticonblog.com
“Many readers will now be familiar with the proposals for the reform of private competition claims launched by the Department for Business Innovation and Skills (‘DBIS’) in April 2012 (‘Private actions in competition law: A consultation on options for reform’). Published at the end of July 2012 when most people had better things to do, the OFT’s Response has generated less attention. It nonetheless provides a general endorsement of the DBIS proposals.”
Competition Bulletin from Blackstone Chamber, 28th September 2012
Source: www.competitionbulletin.com
“Members of limited liability partnerships are not ‘workers’ under employment legislation, the Court of Appeal ruled this week dismissing a whistleblowing claim made against City firm Clyde & Co.”
Law Society’s Gazette, 28th September 2012
Source: www.lawgazette.co.uk
“Moira Sofaer, barrister and mediator, of Goldsmith Chambers, considers the protection afforded by the courts to vulnerable adults who are outside the ambit of the Mental Capacity Act 2005 in the light of the Court of Appeal’s judgment in DL.”
Family Law Week, 27th September 2012
Source: www.familylawweek.co.uk
“The British Academy have today published a very interesting new report by Colm O’Cinneide considering the workings of the UK human rights law, the relationship between the ECHR, UK courts and the Parliament and the potential effect of a bill of rights.”
UK Human Rights Blog, 27th September 2012
Source: www.ukhumanrightsblog.com
“In the last twenty years several international courts have been established to try crimes committed in armed conflicts. Public expectation of what these courts may achieve is high; but are the courts living up to that expectation? Is the public expectation realistic and part of a liberal tradition; may it be seen as ‘judicial romantic’, according to courts capabilities they can never have? Are the courts always bound to be tainted by political influence that makes it probable they will ultimately fail? What sense can be made of the permanent International Criminal Court – the ICC – when Russia, China and the USA decline to accept its jurisdiction for their own citizens but can, as permanent members of the Security Council of the UN, refer individuals from other non-member states to the ICC for trial? And would it matter if the ICC failed? Has enough already been done to chart a way ahead that will allow the law a proper role in the service of countries, or communities in countries, at war? In any event, are war crimes trials the best partner of politics in the search for peace? Are there times when it may be better to let history go in the interests of a better safer future? This is a part of Sir Geoffrey Nice’s 2012/13 series of lectures as Gresham Professor of Law.”
Lecture by Sir Geoffrey Nice
Gresham College, 12th September 2012
Source: www.gresham.ac.uk
“Consumers who buy goods direct from traders abroad can sue the traders in their home country’s courts if certain conditions are met, the European Court of Justice (ECJ) has ruled.”
OUT-LAW.com, 10th September 2012
Source: www.out-law.com
In re L (A Child) (Recognition of Foreign Order): [2012] EWCA Civ 1157; [2012] WLR (D) 252
“The English court would not refuse recognition of a parental agreement freely reached in a member state of the European Union unless a party seeking to challenge it showed a very high degree of procedure or principle error which led to the conclusion and ratification of the agreement in the country where the child was habitually resident at the time of the agreement. A child’s two monthly rotational residence in England lacked degree of permanence to find habitual residence in England for the English court to make a residence order.”
WLR Daily, 21st August 2012
Source: www.iclr.co.uk
“Dr John Fox and Eleanor Fletcher, both barristers at Lamb Building, consider the lessons to be learned from the court’s approach to determining the validity of the parties’ marriage in Dukali v Lamrani.”
Family Law Week, 14th August 2012
Source: www.familylawweek.co.uk
“Just when it seems that a particular area of employment law looks like it might be entering a period of calm, a decision comes along to disturb the anticipated serenity.”
Full story (PDF)
Cloisters, August 2012
Source: www.cloisters.com
“Judges have to get involved in disputes on divorce, of which the current case is an exquisitely difficult example. Its facts are very simple. C was 10. Her parents and grandparents are Jewish. Her father is a Christian convert, and C wanted to be baptised. Her mother did not want this. She said father had brainwashed C, and it was premature. Mother went to court to stop any baptism proceeding until C was 16. The Court could not simply wash its hands of the case; that would encourage self-help taken by one or other parent, to the lasting resentment of the other.”
UK Human Rights Blog, 4th August 2012
Source: www.ukhumanrightsblog.com
“The Court of Appeal had jurisdiction to grant an claimant, whose claim for judicial review of a removal order had been rejected by Upper Tribunal, a stay of his removal until his application for permission to appeal had been considered by the Court of Appeal.”
WLR Daily, 27th July 2012
Source: www.iclr.co.uk
Johann MK Blumenthal GmbH & Co KG and another v Itochu Corpn [2012] EWCA Civ 996; [2012] WLR (D) 225
“The Court of Appeal did not have jurisdiction to hear an appeal from a judge who had made a decision under section 18 of the Arbitration Act 1996 and had refused permission to appeal under section 18(5) of that Act.”
WLR Daily, 24th July 2012
Source: www.iclr.co.uk
Mahamdia v People’s Democratic Republic of Algeria: (Case C-154/11); [2012] WLR (D) 218
“An embassy situated in a member state of the European Union was an ‘establishment’ within the meaning of article 18(2) of Council Regulation (EC) No 44/2001, in the context of a dispute concerning a contract of employment concluded by the embassy on behalf of the sending state, where the functions carried out by the employee did not fall within the exercise of public powers. Article 21(2) of the Regulation meant that an agreement on jurisdiction, concluded before a dispute arose, fell within that provision in so far as it gave the employee the possibility of bringing proceedings not only before the courts ordinarily having jurisdiction under the special rules in articles 18 and 19 of the Regulation, but also before other courts, which could include courts outside the European Union.”
WLR Daily, 19th July 2012
Source: www.iclr.co.uk
“An international treaty designed to ensure the swift return of children abducted abroad by a parent needs to be implemented faster, researchers say.”
BBC News, 22nd July 2012
Source: www.bbc.co.uk
“Theresa May’s response to the extradition treaty review has become even more pressing amid the Richard O’Dwyer case.”
The Guardian, 25th June 2012
Source: www.guardian.co.uk
“The Bar Council has responded to the Welsh Government’s consultation on whether there should be a separate legal jurisdiction for Wales. The Bar Council does not express a view on this matter, which is essentially a political question, but it seeks to identify a number of practical issues relevant to arguments for and against the proposition.”
The Bar Council, 20th June 2012
Source: www.barcouncil.org.uk
Regina (Horne and another) v Central Criminal Court [2012] EWHC 1350 (Admin); [2012] WLR (D) 156
“A ‘confiscation investigation’ within Part 8 of the Proceeds of Crime Act 2002 could take place after a confiscation order had been made. Therefore a judge could have jurisdiction to issue a search warrant or disclosure order, pursuant to sections 352 and 357 respectively of the 2002 Act, provided they were limited to investigating the extent or whereabouts of property obtained as a result of or in connection with the commission of an offence.”
WLR Daily, 22nd May 2012
Source: www.iclr.co.uk
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