‘Trade bodies considering drawing up new codes of conduct to govern data privacy practices in their sector will be required to meet admissibility requirements before those codes will be assessed for their compliance with the General Data Protection Regulation (GDPR), a data protection watchdog has said.’
out-LAW.com, 21st February 2019
Source: www.out-law.com
‘Accident victims have no right to sue an untraced driver, the Supreme Court has ruled.’
Litigation Futures, 20th February 2019
Source: www.litigationfutures.com
‘The latest battle over limitation in Competition damages claims was a victory for the claimants – see DSG Retail Ltd v MasterCard Inc [2019] CAT 5. In some ways it is a surprising decision, because the Competition Appeal Tribunal has decided that when s.47A of the Competition Act was enacted in 2003, certain claims which were time-barred prior to its enactment were revived. The Tribunal frankly acknowledged that it did not find the matter straightforward, and looking at the rules it is easy to see why.’
Competition Bulletin from Blackstone Chambers, 19th February 2019
Source: competitionbulletin.com
‘A new code of ethics should govern the removal of harmful content from the internet and there should be “large fines” for technology companies that fail to comply with it, a prominent group of MPs has said.’
OUT-LAW.com, 19th February 2019
Source: www.out-law.com
‘If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect to its content through the EU (Withdrawal Agreement) Bill. One of the most significant provisions of the Withdrawal Agreement, Article 4, purports to give the entire contents of the Withdrawal Agreement special status within the UK’s constitutional order. Even though the UK would no longer be a Member State, the effect of Article 4 (if implemented) would be to give all of the laws within the Withdrawal Agreement the equivalent legal effect of EU law within a Member State. As a result, the Protocol on Ireland and Northern Ireland (the Protocol), which forms part of the Withdrawal Agreement, would be supreme over any other domestic legislative provisions, and any provisions of the agreement which meet the conditions for direct effect would have direct effect. How the UK courts would be able to enforce this status will be determined by how the UK Parliament decides to legislate to give effect to Article 4 in the EU (Withdrawal Agreement) Act. It is probable that the Government will propose to give the courts the power to disapply domestic legislation inconsistent with the Withdrawal Agreement by replicating the effect of the European Communities Act 1972 (ECA 1972). Article 4 of the WA, as explored below, already includes the obligation to disapply provisions that contravene EU law. This post looks at the questions that might be raised if a UK court was ever asked to disapply domestic legislation on the basis that it was inconsistent with the Protocol. The potential constitutional effect of Article 4 is worth considering in view of the short time that Parliament is likely to have to consider the EU (Withdrawal Agreement) Bill. While the UK courts have been able to disapply domestic legislation since the European Communities Act 1972 (this power was more more fully explored in Benkharbouche v Sec’y of State for Foreign and Commonwealth Affairs in 2017 – see Alison Young’s helpful 2017 blog post on the outcome) was enacted, what is constitutionally novel about Article 4 is the proposal that the courts would be able to do so when the UK is no longer a Member State.’
UK Constitutional Law Association, 19th February 2019
Source: ukconstitutionallaw.org
‘Livestock transport has been a controversial subject in the UK for many years. Efforts by public authorities to reduce or mitigate the movement or export of live animals have hitherto foundered on the rocks of free movement of goods (see my post on TFEU Article 35). Despite the ethical controversy, the current position is that long distance transport of nonhuman animals for slaughter is lawful (Barco de Vapor BV v Thanet District Council [2015] Bus LR 593.) ‘
UK Human Rights Blog, 18th February 2019
Source: ukhumanrightsblog.com
‘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.’
Employment Law Blog, 18th February 2019
Source: employment11kbw.com
‘The controversy around Europe’s new copyright directive has been high profile and intense. On one side are authors, musicians and writers, and those that publish and monetise their work. (It is not often that Sir Paul McCartney writes an open letter to MEPs on a piece of planned legislation.) On the other side of the argument is the free internet lobby, both large tech and individual internet users. Google has explained its perspective in similarly strong terms.’
Technology Law Update, 15th February 2019
Source: www.technology-law-blog.co.uk
‘The final version of a controversial new EU copyright law has been agreed after three days of talks in France.’
BBC News, 14th February 2019
Source: www.bbc.co.uk
‘A key public law discussion in recent months concerns the vast number of statutory instruments (SIs) government is using to implement Brexit. Initially, it was said by government that c.800-1,000 SIs were required. That estimate has now been revised down to c.600 (while the estimated number of SIs has decreased the size of individual SIs has also increased). This aspect of the Brexit process is worthy of study for multiple reasons, perhaps most notably because of the level of democratic scrutiny that will be (realistically) provided. In this post, we introduce one aspect of Brexit SIs that, we argue, is worthy of close attention by public lawyers: the deletion of administrative functions.’
UK Constitutional Law Association, 7th February 2019
Source: ukconstitutionallaw.org
‘Stuart Clark, of the International Family Law Group, looks at the Court of Appeal ruling that granted Anne Orenga de Gafforj a Hadkinson Order in September 2018.’
Family Law, 7th February 2019
Source: www.familylaw.co.uk
‘In recent days it’s been reported that the government is drawing up plans to impose martial law in the event of the UK exiting the EU without a deal. But what does that actually mean and how does it impact our rights?’
Rights Info, 30th January 2019
Source: rightsinfo.org
‘Businesses based in the UK that own websites rooted at the ‘.eu’ domain will have two months from the point of Brexit to transfer ownership to sister companies in the EU in a ‘no deal’ scenario, a registry for ‘.eu’ domain names has confirmed.’
OUT-LAW.com, 30th January 2019
Source: www.out-law.com
‘The Ministry of Housing, Communities and Local Government has issued guidance to assist local authority preparedness for Brexit and announced that it will provide £56.5m in financial support to councils in England.’
Local Government Lawyer, 29th January 2019
Source: www.localgovernmentlawyer.co.uk
‘The recent vote in the UK House of Commons to reject the EU Withdrawal Agreement may result in additional concern for EU staff and their employers in the tech sector.’
Technology Law Update, 23rd January 2019
Source: www.technology-law-blog.co.uk
‘Time for some more speculation about the future which awaits us after 29 March. The topic this time is jurisdiction.’
Competition Bulletin, 22nd January 2010
Source: competitionbulletin.com
‘It is frustrating: you buy a new appliance then just after the warranty runs out, it gives up the ghost.’
BBC News, 9th January 2019
Source: www.bbc.co.uk
‘The case of R (Application of the Centre for Advice on Individual Rights in Europe) and (1) Sec State Home Dept (2) Commissioner of Police of the Metropolis [2018] EWCA 2837 (Civ) holds that police officers have the power to do anything that an ordinary citizen can do.’
UK Police Law Blog, 3rd January 2019
Source: ukpolicelawblog.com
‘The Home Secretary announces a new route for skilled workers, strengthened border security and an end to free movement as part of a new immigration system.’
Home Office, 19th December 2018
Source: www.gov.uk
‘The CJEU’s ruling in C-621/18 Wightman and others clarifying that Member States can unilaterally revoke the withdrawal notification of Article 50 (2) TEU, is bound to have repercussions; in the case of Brexit and beyond.’
UK Constitutional Law Association, 17th December 2018
Source: ukconstitutionallaw.org
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