‘The act of posting a link to a website that features “freely accessible” copyright infringing content should not itself be classed as an act of copyright infringement, an advisor to the EU’s highest court has said.’
OUT-LAW.com, 7th April 2016
Source: www.out-law.com
‘April 2016 is a month of big changes for people living and working in the UK. A number of new laws and policies are coming into force, affecting just about everyone from public sector workers to dog owners. Here’s what the new laws could mean for you.’
The Independent, 3rd April 2016
Source: www.independent.co.uk
‘In the UK there is currently no legal obligation under the Data Protection Act 1998 (DPA) to report personal data breaches to anyone. However, the Information Commissioner’s Office (ICO) guidance recommends that serious breaches should be brought to its attention.’
Law Society’s Gazette, 4th April 2016
Source: www.lawgazette.co.uk
‘A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inaccurate and misleading” submissions to previous judges on multiple occasions and the damages include not just compensatory damages for lost earnings and distress but also special damages, aggravated damages and exemplary damages.’
Free Movement, 30th March 2016
Source: www.freemovement.org.uk
‘Being in the EU makes it harder for the UK to stop serious criminals and those with suspected terror links entering the country, a UK minister is to say.’
BBC News, 30th March 2016
Source: www.bbc.co.uk
‘EU judges in Luxembourg could limit key powers in UK surveillance laws just weeks before Britain votes on its EU membership.’
The Guardian, 27th March 2016
Source: www.guardian.co.uk
‘The government faces a new legal challenge to force it to speed up and improve measures to tackle air pollution in British cities. Environmental law group ClientEarth has asked the high court to urgently review the Department for Environment, Food and Rural Affairs’ (Defra) latest plans to meet EU targets on the toxic gas NO2 which is emitted from vehicles and industry and is thought to kill about 25,000 people in the UK a year.’
The Guardian, 18th March 2016
Source: www.guardian.co.uk
‘Last week the UK The Supreme Court ruled against the designer of the award-winning Trunki children’s suitcase. PMS International Group’s competing product, the Kiddee Case, does not infringe Magmatic’s registered design rights.’
Technology Law Update, 15th March 2016
Source: www.technology-law-blog.co.uk
‘Two expats are challenging a decision to bar British citizens who have lived elsewhere in Europe for more than 15 years from voting in the EU referendum.’
BBC News, 15th March 2016
Source: www.bbc.co.uk
‘In a paper on behalf of the Climate Change and Energy Working Party, UK Environmental Law Association (UKELA), Stephen Hockman QC and Benjamin Haseldine chart the possible implications of the United Kingdom exiting the European Union on climate change and energy law.’
Six Pump Court, 7th March 2016
Source: www.6pumpcourt.co.uk
‘This paper will offer some crystal ball gazing about how Brexit might take legal effect. It is necessarily speculative and uncertain. It looks at:-
(1) the referendum;
(2) withdrawal from membership of the EU under the Treaty for European Union (“TEU”);
and
(3) the effect of the European Communities Act 1972 (“the ECA”).’
11 KBW, 1st March 2016
Source: www.11kbw.com
‘Europe’s new unitary patent is still on track, with a start date in spring 2017 now viewed as likely. Among the ongoing business of the Unified Patent Court’s Preparatory Committee a final publication on court fees and recoverable costs has recently been issued.’
Technology Law Update, 11th March 2016
Source: www.technology-law-blog.co.uk
In re JL and AO (Babies Relinquished for Adoption): [2016] EWHC 440 (Fam)
‘In two cases babies, JL and AO, were born in England to mothers from Eastern Europe but relinquished at birth for adoption. In the case of JL the child, whose Estonian mother worked in England and whose putative father lived in Estonia, was accommodated by the local authority with the mother’s consent pursuant to an agreement under section 20 of the Children Act 1989 and was placed with foster carers. The mother gave her written consent to his adoption and the putative father, maternal family and the Estonian authorities all supported his adoption in this country. The local authority sought a placement order under section 21 of the Adoption and Children Act 2002. In the case of AO, the Hungarian parents working in England wished the child to be adopted in this country. AO had been removed at birth and placed with foster carers and had been made a ward of court. The local authority, children’s guardian and Hungarian authorities sought the child’s return to Hungary so that she could be placed for adoption there. Common issues arose as to what jurisdiction the court had to make orders facilitating such placements, (ii) the factors which had to be taken into account when making decisions about relinquished babies, the possible outcomes and the procedures to be followed and (iii) where a child born to nationals of a foreign country had been placed voluntarily in the care of a local authority, with a view to adoption or otherwise, whether the authority was under an obligation under the Vienna Convention on Consular Relations 1963 to inform the consular officials of that country about the placement. In the case of JL, the further issues arose whether the court had jurisdiction to make a placement order and what order, if any, should be made. In the case of AO, the further issues arose whether it was open to the court either to transfer jurisdiction to Hungary under Council Regulation (EC) No 2201/2003 (“Brussels IIA”) or to make an order permitting the local authority to send AO to Hungary; and what order, if any, the court should make.’
WLR Daily, 3rd March 2016
Source: www.iclr.co.uk
‘Married father-of-three Mircea Gheorghiu is allowed to return to the UK after being sent back to his home country last year.’
Daily Telegraph, 28th February 2016
Source: www.telegraph.co.uk
‘The CMA is investigating grocer Netto’s completed acquisition of three stores from Co-Operative Group. The announcement of a fresh UK merger control investigation comes in the wake of the CMA’s July 2015 clearance of the transaction and after learning that it should have been notified to the European Commission under the EU Merger Regulation.’
Zenith Chambers, 5th February 2016
Source: www.zenithchambers.co.uk
‘On 15 December 2015, the Commission adopted new Regulations, Regulation (EU) Nos 2015/2340, 2015/2341 and 2015/23421, amending respectively Directives 2004/17/EC, 2004/18/EC and 2009/81/EC in respect of the relevant thresholds for the application of the procedures for the award of public contracts. The reason for this was to set the new procurement thresholds for the two year period beginning 1 January 2016 and to align the thresholds in the Directives with the thresholds applicable under the Agreement on Government Procurement.’
Henderson Chambers, 10th February 2016
Source: www.hendersonchambers.co.uk
‘This Note addresses the question whether the agreement representing the outcome of the negotiations between the United Kingdom and the European Union on the reform of the EU can appropriately be characterised, in the Prime Minister’s phrase, as “legally binding and irreversible”. The original version of the Note was submitted as written evidence to the House of Commons European Scrutiny Committee (“the Scrutiny Committee”), following on from oral evidence that I gave, together with Sir Francis Jacobs QC and Martin Howe QC, on 18 November 2015. That version was prepared in relation to the draft texts accompanying the letter dated 2 February 2016 from Mr Donald Tusk, the President of the European Council, to the Prime Minister. As presented here, the Note relates to the agreement finally reached on 19 February 2016, which differs in some respects from the texts circulated on 2 February, but not so as to cause me to take a different view of the matters discussed.’
Henderson Chambers, 20th February 2016
Source: www.hendersonchambers.co.uk
‘Sarah Lucy Cooper, barrister, of Thomas More Chambers considers the perils of relying on undertakings in cases with a foreign element.’
Family Law Week, 18th February 2016
Source: www.familylawweek.co.uk
‘In a recent case, the English Commercial Court has determined that a claim in restitution based on unjust enrichment was governed by English law pursuant to EU Regulation 864/2007 (Rome II) and not the law of Geneva.’
Commercial Disputes Blog, 19th February 2016
Source: www.rpc.co.uk
‘Whatever happens on 23 June 2016 HMG will have to make rules to implement the Agreement on a Unified Patent Court in the United Kingdom. The reason I say that is that the Agreement comes into force after 13 countries, including France, Germany and the UK, ratify the Agreement. Nine countries including France have already done so (see the European Council’s website). Parliament has enacted primary legislation to enable the Secretary of State to give effect to the Agreement in the UK by order in council (see S,17 of the Intellectual Property Act 2014 inserting a new s.88A and s.88B into the Patents Act 1977). As it would take time to negotiate an exit agreement under art 50 (2) of the Treaty on European Union the Agreement will almost certainly come into force while the UK is still an EU member. There would have to be some sort of secondary legislation at least for the time in which the UK remains a party to the UPC Agreement.’
NIPC Law, 22nd February 2016
Source: www.nipclaw.blogspot.co.uk
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