‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’
WLR Daily, 11th April 2014
Source: www.iclr.co.uk
‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’
New Law Journal, 10th April 2014
Source: www.newlawjournal.co.uk
‘A single clear and consistent legal framework is needed to enable the regulators of health professionals in the UK to modernise and continue to uphold their duty to protect public safety, according to the three Law Commissions of the UK.’
Law Commission, 2nd April 2014
Source: www.lawcommission.justice.gov.uk
Brogsitter v Fabrication de Montres Normandes EURL and another: Case C-548/12; [2014] WLR (D) 130
‘Civil liability claims, such as those at issue in the instant case, which were made in tort under national law, had to none the less be considered as concerning “matters relating to a contract” within the meaning of article 5(1)(a) of Council Regulation (EC) No 44/2001, where the conduct complained of could be considered a breach of the terms of the contract, which could be established by taking into account the purpose of the contract.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
‘Much has been written on the mental gymnastics required by the Defamation (Operators of
Websites) Regulations 2013 (“the Regulations”) issued under section 5 of the Defamation
Act 2013 (“the Act”).’
5RB, 4th March 2014
Source: www.5rb.com
‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’
UK Human Rights Blog, 26th February 2014
Source: www.ukhumanrightsblog.com
‘A clause in an agency agreement which dealt with an agent’s entitlement to compensation or an indemnity on termination of the agreement was neither consistent with nor permitted by regulation 17(2) of the Commercial Agents (Council Directive) Regulations 1993.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
United Kingdom v European Parliament and another (Case C-270/12); [2014] WLR (D) 17
‘The powers available to ESMA under article 28 of Parliament and Council Regulation (EU) No 236/2012 of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ 2012 L86, p 1) were precisely delineated and amenable to judicial review in the light of the objectives established by the delegating authority. Accordingly, those powers did not imply that ESMA was vested with a “very large measure of discretion” that was incompatible with the FEU Treaty.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
‘The replacement of Directive 95/26/EC – the bedrock of data protection in Europe – with a new Regulation is intended as a radical overhaul, making protections for personal data fit for the digital world. It has now been over two years since the first substantive draft of that Regulation was made public.’
Panopticon, 20th January 2014
Source: www.panopticonblog.com
‘Companies can now start “looking in earnest” at how to make changes to the regime governing protections for employees transferring to a new employer after the publication of final regulations clarified some outstanding questions about the new regime, an expert has said.’
OUT-LAW.com, 15th January 2014
Source: www.out-law.com
Corman-Collins SA v La Maison du Whisky SA (Case C-9/12); [2013] WLR (D) 513
‘The rule of jurisdiction laid down in the second indent of article 5(1)(b) of Council Regulation (EC) No 44/2001 for disputes relating to contracts for the supply of services was applicable in the case of a legal action by which a claimant established in one member state claimed, against a defendant established in another member state, rights arising from an exclusive distribution agreement, which required the contract binding the parties to contain specific terms concerning the distribution by the distributor of goods sold by the grantor. It was for the national court to ascertain whether that was the case in the before it.’
WLR Daily, 19th December 2013
Source: www.iclr.co.uk
‘Changes to UK copyright law will come into force on 6 April 2014, the Government has announced.’
OUT-LAW.com, 19th December 2013
Source: www.out-law.com
‘Trade marks registered under international arrangements which had effect in a member state, as referred to in article 8(2)(a)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L78, p 1), were subject to the same system as trade marks registered in a member state, as referred to in article 8(2)(a)(ii) of the Regulation. As such, where pleaded in opposition proceedings before OHIM, they were subject to the requirement in article 42(3) of the Regulation to prove the requisite prior use, the concept of use of a Community trade mark in the European Union being exclusively and exhaustively governed by EU law.’
WLR Daily, 12th December 2013
Source: www.iclr.co.uk
‘As predicted in our autumn newsletter, the Government has now published its proposed amendments to TUPE.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
‘This WMS was laid in Parliament on 9 December 2013, and delivered in the House of Commons by Theresa May and in the House of Lords by Lord Taylor of Holbeach.’
Home Office, 9th December 2013
Source: www.gov.uk/home-office
Rayner v Legal Services Commission: [2013] WLR (D) 467
‘On a proper reading of the words “attributable to” in paragraph 5(4) of the Community Legal Service (Cost Protection) Regulations 2000 the non-funded party could recover costs outside the funded period, provided that the causal link was established.’
WLR Daily, 2nd December 2013
Source: www.iclr.co.uk
‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’
Employment Law Blog, 27th November 2013
Source: www.employment11kbw.com
‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’
WLR Daily, 21st November 2013
Source: www.iclr.co.uk
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