Current Awareness

Kenny v Minister for Justice, Equality and Law Reform – WLR Daily

Posted March 4th, 2013 in EC law, equal pay, law reports, news, proportionality, sex discrimination by sally

Kenny v Minister for Justice, Equality and Law Reform (Case C-427/11); [2013] WLR (D) 87

“In the light of article 141 EC and Council Directive 75/117/EEC (relating to the application of the principle of equal pay for men and women meant, in relation to indirect pay discrimination), it was for the employer to establish objective justification for the difference in pay between workers who considered that they had been indirectly discriminated against and the comparators. The employer’s justification for the difference in pay had to relate to the comparators. The interests of good industrial relations might be taken into consideration by the national court as one factor among others in its assessment of whether differences between the pay of two groups of workers were due to objective factors unrelated to any discrimination on grounds of sex and are compatible with the principle of proportionality.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

EMI Records Ltd and others v British Sky Broadcasting Ltd and others – WLR Daily

Posted March 4th, 2013 in artistic works, copyright, EC law, injunctions, internet, interpretation, jurisdiction, law reports by sally

EMI Records Ltd and others v British Sky Broadcasting Ltd and others [2013] EWHC 379 (Ch); [2013] WLR (D) 86

“The act of communication to the public for the purposes of article 3(1) of Parliament and Council Directive 2001/29/EC and section 20 of the Copyright, Designs and Patents Act 1988 occurred both where the communication originated and where it was received.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf – WLR Daily

Posted March 4th, 2013 in administrators, appeals, EC law, insolvency, jurisdiction, law reports, Supreme Court, winding up by sally

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf [2013] UKSC 13; [2013] WLR (D) 85

“The decision of a court in another member state of the European Economic Area in relation to the insolvency of a credit institution in that state had effect in the United Kingdom in relation to any of that institution’s branches in the United Kingdom as if it were part of the general insolvency law of the United Kingdom. However the decision of that court did not have any effect on proceedings in an United Kingdom court dealing with the insolvency of an United Kingdom credit institution so that all the defences available under United Kingdom insolvency law could be invoked.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted March 4th, 2013 in appeals, disclosure, foreign jurisdictions, judicial review, law reports, news by sally

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 118; [2013] WLR (D) 84

“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Collective actions and access to justice – Legal Voice

Posted March 4th, 2013 in class actions, competition, damages, news by sally

“The Government recently confirmed its intention to introduce ‘collective actions’ in the UK for competition law. Not only should this enable large numbers of consumers and small businesses to obtain redress against anti-competitive behaviour, but an important by-product is that leftover damages could benefit access to justice more generally.”