In re E (A Child) – WLR Daily

In re E (A Child) [2014] EWHC 6 (Fam); [2014] WLR (D) 10

‘In any care or other public law case with a European dimension good practice would now require the court to set out explicitly the basis upon which it had either accepted or rejected jurisdiction and to identify the precise basis upon which it had proceeded. Furthermore, in cases involving foreign nationals there had to be transparency and openness as between the English family courts and the consular and other authorities of the relevant foreign state.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

Onuekwere v Secretary of State for the Home Department – WLR Daily

Onuekwere v Secretary of State for the Home Department (Case C-378/12); [2014] WLR (D) 7

‘Under article 16(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, periods of imprisonment in the host member state of a third-country national, who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods, could not be taken into consideration in the context of the acquisition by that national of the right of permanent residence for the purposes of that provision. The continuity of residence was interrupted by periods of imprisonment in the host member state of a third country national who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods for the purposes of article 16(2) and (3).’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Reyes v Migrationsverket – WLR Daily

Posted January 20th, 2014 in EC law, families, freedom of movement, law reports by sally

Reyes v Migrationsverket (Case C-423/12); [2014] WLR (D) 6

‘Under article 2(2)(c) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), a member state could not require a direct descendant who was 21 years old or older to have tried unsuccessfully to obtain employment or to obtain subsistence support from the authorities of his country of origin and/or otherwise to support himself in order to be regarded as dependent and thus come within the definition of a “family member”. The fact that a relative—due to personal circumstances such as age, education and health—was deemed to be well placed to obtain employment and in addition intended to start work in the member state did not affect the interpretation of “dependent”.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Finanzamt Düsseldorf-Mitte v Ibero Tours GmbH – WLR Daily

Posted January 20th, 2014 in agency, EC law, law reports, taxation, VAT by sally

Finanzamt Düsseldorf-Mitte v Ibero Tours GmbH (Case C-300/12); [2014] WLR (D) 8

‘Under the provisions of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the member states relating to turnover taxes—common system of value added tax: uniform basis of assessment, the principles laid down by the Court of Justice in Elida Gibbs v Customs and Excise Comrs (Case C-317/94) [1997] QB 499 concerning the determination of the taxable amount of the VAT did not apply when a travel agent, acting as an intermediary, granted to the final consumer, on the travel agent’s own initiative and at his own expense, a price reduction on the principal service provided by the tour operator.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Schmid v Hertel – WLR Daily

Posted January 20th, 2014 in assets recovery, EC law, insolvency, jurisdiction, law reports by sally

Schmid v Hertel (Case C-328/12); [2014] WLR (D) 5

‘Under article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, the courts of the member state within the territory of which insolvency proceedings had been opened had jurisdiction to hear and determine an action to set a transaction aside by virtue of insolvency that was brought against a person whose place of residence was not within the territory of a member state.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others [2013] EWHC 4112 (QB); [2013] WLR (D) 9

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Habitual Residence and Joinder in Child Abduction Cases: The Supreme Court’s judgment in LC (Children) – Family Law Week

Posted January 20th, 2014 in appeals, child abduction, news, Supreme Court by sally

‘Katy Chokowry, barrister of 1 King’s Bench Walk, considers the Supreme Court’s judgment in LC (Children).’

Full story

Family Law Week, 19th January 2014

Source: www.familylawweek.co.uk

Sheppey crossing crash drivers offered alertness course – BBC News

Posted January 20th, 2014 in accidents, news, prosecutions, road safety, road traffic offences by sally

‘Drivers who would have been prosecuted over the Sheppey crossing crash that injured more than 200 people are being offered a course instead, police said.’

Full story

BBC News, 20th January 2014

Source: www.bbc.co.uk

High Court rules on provision of care for nomadic Gypsy/Traveller children – Halsbury’s Law Exchange

‘Marc Willers analyses the impact of a High Court ruling which gave an important judgment on the provision of care for nomadic Gypsy and Traveller children.’

Full story

Halsbury’s Law Exchange, 17th January 2014

Source: www.halsburyslawexchange.com

Google to face High Court case on alleged breach of UK data protection rules – OUT-LAW.com

Posted January 20th, 2014 in advertising, damages, data protection, internet, jurisdiction, news, privacy by sally

‘Google is to face a claim for damages before the High Court from three individuals who claim the company breached UK data protection laws by circumventing privacy settings deployed on their web browsers to serve them with personalised adverts.’

Full story

OUT-LAW.com, 17th January 2014

Source: www.out-law.com

Former Broadmoor worker Alan Ostler admits misconduct – BBC News

‘A former worker at the high-security Broadmoor hospital has been given a suspended prison sentence after passing information to tabloid newspapers.’

Full story

BBC News, 20th January 2014

Source: www.bbc.co.uk

Personal data and fitness to practice investigations – Tribunal overturns ‘neither confirm nor deny’ position – Panopticon

‘When an identifiable individual has been the subject of a formal complaint about their competence or conduct, that fact constitutes their personal data. In terms of privacy/publicity decisions, such situations are often approached in this way: where the complaint is well founded or at least merits serious consideration, publication is warranted, but otherwise confidentiality is maintained, lest unjustified aspersions be cast against that person.’

Full story

Panopticon, 17th January 2014

Source: www.panopticonblog.com

QASA given green light by High Court as JR fails – Legal Futures

‘A judicial review of the Legal Services Board’s approval of the Quality Assurance Scheme for Advocacy (QASA) has today been comprehensively rejected by the High Court.’

Full story

Legal Futures, 20th January 2014

Source: www.legalfutures.co.uk

State immunity upheld against human rights challenges in Strasbourg – UK Human Rights Blog

‘The Strasbourg Court has ruled that the inability of four men to bring torture compensation claims against Saudi Arabia in UK courts did not breach the Convention. The Court held that a “grant of immunity to the state officials in the present case reflected generally recognised rules of public international law” and that there had been no violation of Article 6 (right of access to court).’

Full story

UK Human Rights Blog, 18th January 2014

Source: www.ukhumanrightsblog.com

Network Rail appeal over Beccles crossing fine rejected – BBC News

Posted January 20th, 2014 in accidents, appeals, fines, health & safety, news, railways by sally

‘A rail firm has been told a £500,000 fine imposed after a boy was seriously injured in a crash on a Suffolk level crossing could have been much higher.’

Full story

BBC News, 17th January 2014

Source: www.bbc.co.uk

Costs judge grants relief over failure to serve N251 – yes, really! – Litigation Futures

Posted January 20th, 2014 in appeals, costs, fees, news, solicitors by sally

‘A costs judge has granted relief from sanctions in a case where the failure to serve notice of funding occurred some 15 months before the introduction of the Jackson reforms.’

Full story

Litigation Futures, 20th January 2014

Source: www.litigationfutures.com

Trains, pains and allegations: fairness in medical misconduct cases – UK Human Rights Blog

‘This appeal by Dr Chhabra was concerned with the roles of the case investigator and the case manager when handling concerns about a doctor’s performance under the disciplinary procedures introduced over eight years ago for doctors and dentists in the National Health Service. The national policy framework is known as ‘Maintaining High Professional Standards in the Modern NHS’ (MHPS), which the Trust had implemented through its own policies.’

Full story

UK Human Rights Blog, 19th January 2014

Source: www.ukhumanrightsblog.com

High Court stiffens penalties against solicitors over “opaque” conveyancing quotes – Legal Futures

‘A law firm whose clients were unaware of the true cost of their conveyancing after being reeled in with low quotes did not take unfair advantage of them, the High Court has ruled.’

Full story

Legal Futures, 20th January 2014

Source: www.legalfutures.co.uk

Teachers downloading indecent images of children to be banned from classroom – Daily Telegraph

‘The Government is updating rules on downloading indecent images of children which will mean teachers found cautioned or convicted will be banned from the profession.’

Full story

Daily Telegraph, 17th January 2014

Source: www.telegraph.co.uk

Cattle ‘death camp’ farmer James Stratton jailed for animal cruelty – BBC News

Posted January 20th, 2014 in animal cruelty, news, sentencing by sally

‘A cattle farmer who ran a “death camp for animals” has been jailed for 12 months after abandoning his herd to go skiing.’

Full story

BBC News, 17th January 2014

Source: www.bbc.co.uk