Confusion as solicitors make medical record requests for clients under GDPR – Litigation Futures

Posted September 17th, 2018 in data protection, EC law, medical records, news, solicitors by sally

‘There is confusion over whether solicitors can seek medical records for free by making subject access requests (SARs) under the General Data Protection Regulation (GDPR).’

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Litigation Futures, 17th September 2018

Source: www.litigationfutures.com

Anchoring claims to a UK subsidiary – Competition Bulletin from Blackstone Chambers

‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’

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Competition Bulletin from Blackstone Chambers, 7th September 2018

Source: competitionbulletin.com

Council in legal bid to force disclosure of Brexit impact – Local Government Lawyer

Posted September 3rd, 2018 in brexit, disclosure, EC law, government departments, local government, news by sally

‘Plymouth City Council has claimed to be the first to use the Sustainable Communities Act to try to force the government to reveal the impact of Brexit.’

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Local Government Lawyer, 30th August 2018

Source: www.localgovernmentlawyer.co.uk

The Right To Data? Campaigners Launch Legal Challenge To Access Home Office Data – Rights Info

Posted August 30th, 2018 in data protection, EC law, government departments, immigration, news by sally

‘Campaigners for the rights of EU citizens in the UK have launched a legal challenge against an exemption in the Data Protection Act which prevents citizens accessing their Home Office records.’

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Rights Info, 29th August 2018

Source: rightsinfo.org

The need for a ‘joined up’ or holistic evaluation of welfare in children proceedings – Family Law

‘In AH v CD and others [2018] EWHC 1643 (Fam), [2018] All ER (D) 162 (Jun) an application by a father who sought his son’s return to Spain, after the child was taken out of the jurisdiction by his mother, raised issues under the 1980 Hague Convention, and also as to the discharge of a care order made by a court which had not been told of the child’s father’s whereabouts. Richard Jones, barrister at 1 Garden Court Chambers, explains the issues.’

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Family Law, 28th August 2018

Source: www.familylaw.co.uk

No-deal Brexit thrusts UK into ‘legal vacuum’, warns Keir Starmer – The Guardian

Posted August 28th, 2018 in agreements, brexit, EC law, legislation, news, treaties by sally

‘Theresa May and the government would face a race against time to pass a slew of new laws, or risk creating an “unsustainable legal vacuum”, if Britain plunged out of the EU without a deal, Labour’s Keir Starmer has warned.’

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The Guardian, 26th August 2018

Source: www.theguardian.com

GDPR prompts UK data protection complaints to double – OUT-LAW.com

Posted August 28th, 2018 in complaints, data protection, EC law, news by sally

‘The number of data protection complaints received by the UK’s data protection watchdog has doubled since the General Data Protection Regulation (GDPR) took effect.’

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OUT-LAW.com, 27th August 2018

Source: www.out-law.com

Deal or No-deal? Brexit and financial services – Technology Law Update

Posted August 24th, 2018 in brexit, EC law, financial regulation, international trade, news by sally

‘On Monday, the Department for Exiting the EU published a presentation explaining the UK Government’s vision for the future UK-EU partnership on financial services, seeking to establish the principles of autonomy, bilaterality and co-operation.’

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Technology Law Update, 23rd August 2018

Source: www.technology-law-blog.co.uk

‘No-deal’ Brexit advice to be published by UK government – BBC News

Posted August 23rd, 2018 in brexit, EC law, news, treaties by sally

‘The UK government will begin advising people, businesses, and other groups about how to plan for the possibility of leaving the EU without a deal.’

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BBC News, 23rd August 2018

Source: www.bbc.co.uk

Leaving the country to evade care proceedings – how does the court in England & Wales get your children back? – Transparency Project

Posted August 15th, 2018 in care orders, child abduction, EC law, news by sally

‘The following opinion of an Advocate General in the European Court of Justice (NB not the European Court of Human Rights at Strasbourg) is an interesting investigation as to how the courts of two different EU Member States work together to deal with the situation where parents have unlawfully removed their children from one country to the other – together with some strong criticism of how those countries failed to abide by important procedural safeguards to protect the rights of both the parents and the children.’

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Transparency Project, 14th August 2018

Source: www.transparencyproject.org.uk

Ep. 41: Brexit – The white paper – Law Pod UK

Posted August 10th, 2018 in bills, brexit, EC law, news, parliamentary papers, podcasts by sally

‘Professor Barnard discusses with journalist Boni Sones, her reaction to the publication of the government’s White Paper, the Cabinet resignations of David Davis and Boris Johnson, and the negotiating position of the EU since the UK triggered Article 50 in March 2017.’

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Law Pod UK, 8th August 2018

Source: audioboom.com

The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – Blackstone Chambers

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. It will become familiar in just the same way as did the European Communities Act 1972 (“ECA 1972”) before it (which the Act will repeal). This article seeks briefly to summarise the purpose and architecture of the Act; to identify some key themes of change; and to outline ten key implications for UK law and lawyers. It then concludes with a brief observation about transitional arrangements and thereafter.’

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Blackstone Chambers, 19th July 2018

Source: www.blackstonechambers.com

Environmental Law News Update – Six Pump Court

Posted August 6th, 2018 in brexit, EC law, environmental protection, fire, health & safety, news, sentencing by sally

‘In this latest Environmental Law News Update, Laura Phillips, Mark Davies and Angelica Rokad consider a parliamentary report on the Government’s 25 year plan for the environment, the Brexit White Paper and a recent Court of Appeal case clarifying sentencing in fire safety cases.’

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Six Pump Court, 30th July 2018

Source: www.6pumpcourt.co.uk

Brexit white paper – Law Society’s Gazette

Posted August 1st, 2018 in brexit, EC law, employment, immigration, news, parliamentary papers, visas by sally

‘on 12 July, the government published its much-anticipated Brexit white paper on the future relationship between the UK and the EU. Secured in cabinet sessions at Chequers, the proposals broadly cover post-Brexit economic and security partnerships, cross-cutting cooperation, and institutional arrangements under the familiar but increasingly threadbare banner of ‘taking back control’. To the surprise of few, the plan was immediately criticised by Brexit hardliners as defeatist, diluted and dispirited. To the surprise of many, including the prime minister herself, it prompted the resignations of foreign secretary Boris Johnson and secretary of state for exiting the EU David Davis.’

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Law Society's Gazette, 30th July 2018

Source: www.lawgazette.co.uk

James Segan: The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – UK Constitutional Law Association

Posted July 30th, 2018 in constitutional law, EC law, news, statutory interpretation by sally

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. This post seeks briefly to summarise the purpose and architecture of the Act and to outline ten key implications for UK law and lawyers.’

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UK Constitutional Law Association, 26th July 2018

Source: ukconstitutionallaw.org

Barnier rejects UK’s Brexit customs plan – OUT-LAW.com

Posted July 30th, 2018 in brexit, customs and excise, EC law, news by sally

‘The UK’s proposed post-Brexit customs arrangements with the EU have been rejected by Michel Barnier, the EU27’s chief Brexit negotiator.’

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OUT-LAW.com, 27th July 2018

Source: www.out-law.com

Businesses quit UK courts in droves as Brexit looms – Law Society’s Gazette

Posted July 23rd, 2018 in brexit, choice of forum, dispute resolution, EC law, news by tracey

‘Businesses are already changing contracts so that disputes are heard in the European Union rather than the UK, according to a survey published today. Research from Thomson Reuters Legal found the UK’s decision to leave the EU is making business leaders questions whether London is still the best option as a global centre for dispute resolution.’

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Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

Case Comment: Goldman Sachs International v Novo Banco S.A. [2018] UKSC 34 – Supreme Court Blog

Posted July 20th, 2018 in banking, conflict of laws, EC law, jurisdiction, news by tracey

‘Dana Feinsohn, trainee solicitor in the litigation and arbitration team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Goldman Sachs International v Novo Banco S.A. [2018] UKSC 34.’

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Supreme Court Blog, 17th July 2018

Source: ukscblog.com

Solon Solomon: The Chequers Agreement: Brexit and the Infeasibility of Judicial and Legal Independence – UK Constitutional Law Association

‘The Chequers agreement reshapes the UK Brexit position. By formally throwing its lot behind a soft Brexit, Theresa May’s government has made a point. It is unclear how this stance was influenced by the House of Lords voting in favour of such a soft Brexit some months ago or by the City entrepreneurs voicing their support to such a scenario. Projecting into the future, it is equally unclear how the Chequers agreement will impact UK politics and the government’s viability.’

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UK Constitutional Law Association, 12th July 2018

Source: ukconstitutionallaw.org

Brexit: trade marks and designs – 10 things to know – OUT-LAW.com

Posted July 12th, 2018 in agreements, brexit, EC law, intellectual property, news, trade marks, treaties by sally

‘While Brexit negotiations between the UK and EU are ongoing, the UK government and European Commission have found an agreement in principle that will alleviate many right holders’ concerns in respect of trade marks and designs.’

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OUT-LAW.com, 11th July 2018

Source: www.out-law.com