Archie Battersbee’s life support ‘ending at 11am’ after Supreme Court appeal fails – The Independent

‘The mother of 12-year-old Archie Battersbee said that his life support will be withdrawn at 11am on Wednesday after the family lost a Supreme Court bid to continue his treatment.’

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The Independent, 2nd August 2022

Source: www.independent.co.uk

ECHR dismisses discrimation claim against council housing policy for Orthodox Jewish community – Local Government Lawyer

‘A legal challenge claiming the London Borough of Hackney’s decision not to refer a mother to a housing association on the basis of her not being part of the Orthodox Jewish Community (OJC) has been unanimously dismissed by the European Court of Human Rights (ECHR).’

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Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

The CJEU casts doubt on England’s new post-Brexit divorce jurisdiction law – Family Law

‘A recent decision of the CJEU has addressed the definition of habitual residence for divorce jurisdiction under Art 3 of BIIA. It confirms the interpretation hitherto held in England that a party can have only one habitual residence at one time. But it has also given a strong indication that habitual residence has to be continuous for the requisite period before the date of issuing of proceedings and not just on the date of issue. This has been a controversy in English case law over many years, with the majority of professional opinion allegedly being that habitual residence was only necessary on the date of issue and merely residence for the requisite preceding period. The Ministry of Justice relied on this interpretation in drafting England’s new post Brexit divorce jurisdictional law, on the basis of following EU law. Now, seemingly, that is not so. What will now be the position in England dealing with cases involving EU Member States? In any event what is the position with transitional cases?’

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Family Law, 12th May 2022

Source: www.familylaw.co.uk

New Judgment: Zipvit Ltd v Commissioners for Her Majesty’s Revenue and Customs (No 2) [2022] UKSC 12 – UKSC Blog

‘This is the second judgment given by the Supreme Court in this case. In the first judgment ([2020] UKSC 15), the Court set out the background to the dispute and made a reference to the Court of Justice of the European Union, upon which judgment was delivered on the 13th of January 2022. The Supreme Court could then determine this appeal without the need for any further hearing.’

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UKSC Blog, 11th May 2022

Source: ukscblog.com

Gay marriage-cake case declared inadmissible by Strasbourg Court – UK Human Rights Blog

‘Lee v. the United Kingdom (application no. 18860/19). The European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final.’

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UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com

‘Gay cake’ row: man loses seven-year battle against Belfast bakery – The Guardian

‘ECHR says Gareth Lee’s case against bakery that refused to make cake with ‘support gay marriage’ message is inadmissible.’

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The Guardian, 6th January 2022

Source: www.theguardian.com

Ashers ‘gay cake’ case: European court rules case inadmissible – BBC News

‘A gay rights activist has lost a seven-year discrimination dispute over a cake order as the European Court of Human Rights ruled his case inadmissible.’

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BBC News, 6th January 2022

Source: www.bbc.co.uk

High Court clarifies ‘bad faith’ trade mark rules – Law Society’s Gazette

‘Businesses will need to avoid scattergun approaches to registering trade marks following an eagerly awaited High Court ruling. In Sky plc v SkyKick UK Ltd, Lord Justice Arnold ruled that a software company had infringed a trade mark of broadcaster Sky – but strongly criticised Sky for filing trade mark applications as a weapon. IP experts said the ruling would significantly change trade mark practice.’

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Law Society's Gazette, 30th April 2020

Source: www.lawgazette.co.uk

New Judgment: Zipvit Ltd v Commissioners for Her Majesty’s Revenue and Customs [2020] UKSC 15 – UKSC Blog

‘The case concerned whether Zipvit, a trader selling vitamins and minerals by mail order, is entitled when accounting for VAT on its sales to make deductions of input VAT (the tax paid by the trader on goods and services purchased in connection with its business, as opposed to output VAT, which is the tax charged to the consumer by the trader on its goods or services) in respect of the price of postal services supplied to it by Royal Mail.’

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UKSC Blog, 1 April 2020

Source: ukscblog.com

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

Judge rejects court action against Boris Johnson over £350m Brexit claim – The Guardian

‘An attempt to bring a private prosecution against Boris Johnson for allegedly telling lies during the 2016 referendum campaign appears to have been dealt a fatal blow with the rejection of an application to take the case to the supreme court.’

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The Guardian, 14th August 2019

Source: www.theguardian.com

New Judgment: X v Kuoni Travel Ltd [2019] UKSC 37 -UKSC Blog

‘This appeal considered whether the respondent is liable to the appellant for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations, reg 15.’

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UKSC Blog, 24th July 2019

Source: ukscblog.com

Teachers (and other public servants) pay – Employment Law Blog

‘Significant budgetary restraints. A significant deficit in the public finances. Does that all sound familiar? It is a feature not only in the United Kingdom but also in the Republic of Ireland. It is the context of Case C-154/18, Horgan and Keegan v Minister for Education and Skills, in which the Second Chamber of the ECJ gave Judgment on 14 February 2019, on a reference from the Irish Labour Court.’

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Employment Law Blog, 18th February 2019

Source: employment11kbw.com

Red line crossed? The Withdrawal Agreement’s arbitration clause – 4 New Square

‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’

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4 New Square, 22nd November 2018

Source: www.4newsquare.com

Brexit: UK can unilaterally revoke article 50, says ECJ – The Guardian

‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’

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The Guardian, 10th 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

Brexit: court rejects attempt to derail legal action to revoke article 50 – The Guardian

Posted November 20th, 2018 in brexit, news, references to European Court, Supreme Court, treaties by sally

‘The supreme court has dismissed an attempt by the Brexit secretary to derail a European court hearing into whether article 50 – which triggered the UK’s departure from the EU – could be reversed.’

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The Guardian, 20th November 2018

Source: www.theguardian.com

The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – Blackstone Chambers

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. It will become familiar in just the same way as did the European Communities Act 1972 (“ECA 1972”) before it (which the Act will repeal). This article seeks briefly to summarise the purpose and architecture of the Act; to identify some key themes of change; and to outline ten key implications for UK law and lawyers. It then concludes with a brief observation about transitional arrangements and thereafter.’

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Blackstone Chambers, 19th July 2018

Source: www.blackstonechambers.com

Copyright: Primary Infringement – Communicating a Work to the Public – NIPC Law

‘Copyright is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 (“the CDPA”) as “a property right” which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as “a copyright work” pursuant to s.1 (2). The owner of a copyright in a copyright work has the exclusive right to do certain acts that are restricted to the copyright owner (see s.2 (1) CDPA). More importantly, the copyright owner has the exclusive right to prevent others from doing those acts which are often referred to as “restricted acts”.’

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NIPC Law, 28th July 2017

Source: nipclaw.blogspot.co.uk

EU judges may be asked to rule on legality of UK surveillance powers – The Guardian

‘EU judges may be asked to decide whether the intelligence services’ bulk collection of email data in order to prevent terrorist attacks is legal.’

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The Guardian, 5th June 2017

Source: www.theguardian.com