‘Non-EU migrants illegally entering an EU state in the Schengen zone should not face detention on those grounds, says the European Court of Justice.’
BBC News, 7th June 2016
Source: www.bbc.co.uk
Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another [2016] EWCA Civ 469
‘The claimants were British nationals who, exercising their rights of free movement, had moved to European Union member states in the 1980s and remained living respectively in Italy and Belgium. They were not entitled to vote in the European Union referendum by section 2 of the European Union Referendum Act 2015 since they had last been registered to vote in a United Kingdom election more than 15 years ago. The 2015 Act adopted the franchise for United Kingdom parliamentary elections, including the 15-year rule. The claimants sought judicial review, claiming that the 15-year rule constituted a restriction on their rights of free movement which was not objectively justified, by way of a declaration that section 2 of the 2015 Act was incompatible with their directly effective European Union law rights. Article 50(1) of the EU Treaty provided that any member state could withdraw from the European Union in accordance with its own constitutional arrangements. The Divisional Court granted permission to proceed but refused the claim, holding that (i) section 2 of the 2015 Act fell within the scope of European Union law so that their rights of free movement were in principle engaged; (ii) section 2 was not a restriction on their rights of free movement; (iii) if section 2 were such a restriction, it was objectively justified as a proportionate means of achieving a legitimate objective, namely of testing the strength of a British citizen’s links with the United Kingdom over a significant period of time; and (iv) the claimants were not disentitled to a remedy on account of delay.’
WLR Daily, 20th May 2016
Source: www.iclr.co.uk
‘The recent decision of Cox J in Foran v Secret Surgery Ltd and others is a salutary tale emphasising the strict approach of the courts to applications to extend time for service of the claim form. Here, the fact that service had to be effected out of the jurisdiction did not avail the claimant, with the result that her claim was time-barred against three of the four defendants.’
Hardwicke Chambers, 24th May 2016
Source: www.hardwicke.co.uk
‘Two Britons living abroad have lost their Court of Appeal battle over the right to vote in June’s EU referendum.’
BBC News, 20th May 2016
Source: www.bbc.co.uk
‘Claims by more than 600 Iraqi civilians alleging that they were unlawfully detained and physically mistreated by British soldiers have been dismissed by the supreme court in London.’
The Guardian, 12th May 2016
Source: www.guardian.co.uk
‘A cross-party campaign for radical reform of the police and criminal justice system in light of the Hillsborough inquests verdict has been launched by the shadow home secretary, Andy Burnham.’
The Guardian, 11th May 2016
Source: www.guardian.co.uk
‘As it emerged up to 80,000 Britons could be banned from US flights due to a passport changes, here are five more things you may not know about yours.’
The Independent, 6th May 2016
Source: www.independent.co.uk
‘The time allowed to challenge an arbitration award begins on the date that the award is made, and not when the parties receive it, the High Court in England has said.’
OUT-LAW.com, 29th April 2016
Source: www.out-law.com
‘Schindler and MacLennan v. Chancellor of the Duchy of Lancaster and Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 957, Divisional Court 28 April 2016. An interesting, albeit unsuccessful, challenge to the rule which prohibits expatriates who were last registered to vote in the UK more than 15 years ago from voting in the forthcoming referendum on EU membership.’
UK Human Rights Blog, 28th April 2016
Source: www.ukhumanrightsblog.com
‘The high court has rejected an attempt to force the government to grant millions of UK citizens living abroad a vote in this June’s EU referendum.’
The Guardian, 28th April 2016
Source: www.guardian.co.uk
‘The tail-end of 2015 threw up one of those London bus-type quirks where in less than a fortnight I acted for a landlord, a lessee and a mortgagee in three cases concerning, at least in part, the issues of (a) service of forfeiture proceedings, and (b) the defendant’s non-attendance at the first hearing at which a possession order was made.’
Hardwicke Chambers, 19th April 2016
Source: www.hardwicke.co.uk
‘Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.’
The Guardian, 21st April 2016
Source: www.guardian.co.uk
‘A month after the Court of Appeal upheld a challenge to the government’s changes to legal aid for victims of domestic violence, the Ministry of Justice has announced it is more than doubling the original time limit for evidence.’
Law Society’s Gazette, 21st April 2016
Source: www.lawgazette.co.uk
‘The Home Secretary has revealed plans to place a 72-hour time limit on the detention of pregnant women.’
Home Office, 18th April 2016
Source: www.gov.uk/home-office
Marussia Communications Ireland Ltd v Manor Grand Prix Racing Ltd and another [2016] EWHC 809 (Ch)
‘The claimant was the proprietor of a Community registered trade mark for the “Marussia” name and logo, which it licensed to the defendant to use for a certain period. The claimant brought a claim for trade mark infringement, claiming that the defendant had continued to use the trade mark after the licence period had ended and that the use of the “Marussia” name contravened article 9(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark. The defendants relied upon five defences, including consent of the claimant within the meaning of Council Regulation 207/2009. On the claimant’s application for summary judgment am issue arose as to whether, if it failed to prove the claimant had given consent, the defendant could none the less rely on English law principles of estoppel to achieve either the same or a similar result.’
WLR Daily, 13th April 2016
Source: www.iclr.co.uk
‘British expats living in Europe are today heading to the High Court in the hope of forcing the Government to let millions of them vote in the EU referendum.’
Daily Telegraph,
Source: www.telegraph.co.uk
‘Campaigners have criticised as disappointing the home secretary’s plan to place a 72-hour limit on the detention of pregnant women held at immigration detention centres.’
The Guardian, 18th April 2016
Source: www.guardian.co.uk
‘The government’s residence test that deprives those who have lived in the UK for less than 12 months of legal aid faces a major challenge at the supreme court.’
The Guardian, 17th April 2016
Source: www.guardian.co.uk
‘Theresa May will announce plans to place a 72-hour time limit on the detention of pregnant women at immigration centres after the House of Lords voted in favour of an all-out ban.’
The Guardian, 17th April 2016
Source: www.guardian.co.uk
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