New vaping laws: Everything you need to know – The Independent
‘From 20 May, how you vape will change.’
The Independent, 4th January 2016
Source: www.independent.co.uk
Category: EC law
Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department – WLR Daily
‘When determining whether the removal of an EEA national who had acquired a permanent right of residence in the United Kingdom was justified on serious grounds of public policy or public security, wider factors, such as the public interest in deterrence and the need to demonstrate public revulsion at the offender’s conduct, could not properly be taken into account.’
WLR Daily, 3rd December 2015
Source: www.iclr.co.uk
MPs overturn Lords bid to give 16- and 17-year-olds right to vote – The Guardian
‘Labour lords are preparing to defy the House of Commons after it blocked their proposals to let 16- and 17-year-olds vote in the EU referendum.’
The Guardian, 8th December 2015
Source: www.guardian.co.uk
Court of Appeal rules burden for proving sham marriage rests with Home Office – Free Movement
‘The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter remarks of former President Blake in the earlier tribunal case of Entry Clearance Officer, Nicosia v Papajorgji [2012] UKUT 00038 (IAC) (FM post: New case law on meaning of genuine and subsisting marriage).’
Free Movement, 9th December 2015
Source: www.freemovement.org.uk
UK government scraps plans to legalise private copying – OUT-LAW.com
‘The UK government has scrapped plans to legalise private copying in the UK, Out-Law.com has learned..’
OUT-LAW.com, 18th November 2015
Source: www.outlaw.com
Tarmac wins Court of Appeal battle over quarry restoration and waste – Local Government Lawyer
‘Tarmac has won a Court of Appeal battle over whether the use of waste in restoring a quarry was waste disposal or waste recovery.’
Local Government Lawyer, 18th November 2015
Source: www.localgovernmentlawyer.co.uk
GMC calls for tougher powers to check European doctors’ skills – The Guardian
‘EU rules governing the checks that UK authorities can make on doctors still have major weaknesses seven years after a patient safety scandal revealed catastrophic flaws in the system, according to Britain’s medical regulator.’
The Guardian, 17th November 2015
Source: www.guardian.co.uk
Buzzards should not be protected any more than herring gulls and cormorants: High Court – UK Human Rights Blog
‘Public opinion regarding raptors and pheasant shoots should not influence the authorisation of buzzard control, the Administrative Court has ruled. Any derogations to the EU protection of wild birds should apply equally across wild avian species, irrespective of their popularity.’
UK Human Rights Blog, 14th November 2015
Source: www.ukhumanrightsblog.com
Dyson considers appealing court rule against changing EU energy labelling laws – The Guardian
‘Dyson is considering launching an appeal after its legal bid to change the EU energy labelling of vacuum cleaners – based on its claims that rival models were receiving misleadingly high ratings – was thrown out by a European court.’
The Guardian, 11th November 2015
Source: www.guardian.co.uk
Lord Woolf warns of ‘dangers’ and ‘expense’ of scrapping Human Rights Act – Daily Telegraph
‘Abolishing current human rights laws will create uncertainty and give clever lawyers a field day, says former Lord Chief Justice.’
Daily Telegraph, 10th November 2015
Source: www.telegraph.co.uk
Limping Infants and Article 15 BIIA: the “magisterial” judgment in In the Matter of N (Children) (Adoption: Jurisdiction) – Family Law Week
‘Alex Laing, barrister of Coram Chambers, considers two aspects of the decision in N (Children) (Adoption: Jurisdiction): (1) the jurisdiction of the courts of England and Wales to order the non-consensual adoption of a foreign child; and (2) the construction and use of Article 15 of Brussels IIA to transfer care proceedings.’
Family Law Week, 10th November 2015
Source: www.familylawweek.co.uk
Suing Facebook is no easy matter – UK Human Rights Blog
‘An action in defamation and under the right to privacy against Facebook has been dismissed in the High Court. The Facebook entity named as defendant did not “control” the publication so as to allow liability; and even if it did, no claim under the Human Rights Act could lie against FB as it could not be described as any sort of a public authority for the purposes of Section 6 of the Act.’
UK Human Rights Blog, 9th November 2015
Source: www.ukhumanrightsblog.com
Speech by Lady Justice Arden: International and European Law: A view from the Bench – Courts and Tribunals Judiciary
‘Lady Justice Arden gave the keynote speech at the Government Legal Department International Conference on 15 October 2015.’
Courts and Tribunals Judiciary, 5th November 2015
Source: www.judiciary.gov.uk
UK courts to define ‘grossly unfair’ payment terms, says government – OUT-LAW.com
‘Difficult questions around whether supply chain payment terms and practices are “grossly unfair” should ultimately be settled by the courts or the new Small Business Commissioner, the UK government has said.’
OUT-LAW.com, 27th October 2015
Source: www.out-law.com
Whether the right to reside test complies with EU law when applied to ‘family benefits’ – Garden Court Chambers Blog
‘Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test.’
Garden Court Chambers Blog, 20th October 2015
Source: www.gclaw.wordpress.com
Slovakian jailed for raping teenager ‘while high on glue-like substance’ – Daily Telegraph
‘Court hears Zdenko Turtak, a 22-year-old Slovakian Roma, clubbed his victim 18 times with a rock and left her for dead in the Beeston area of Leeds.’
Daily Telegraph, 20th October 2015
Source: www.telegraph.co.uk
CJEU ruling on prisoner voting – open door for successful UK challenge? – UK Human Rights Blog
‘Delvigne (Judgment), [2015] EUECJ C-650/13. In a judgment much anticipated on both sides of the Channel, the Court of Justice of the European Union (“CJEU”) has held that French restrictions on the eligibility of prisoners to vote are lawful under EU law.’
UK Human Rights Blog, 9th October 2015
Source: www.ukhumanrightsblog.com
Gambling operators would face practical difficulties in implementing proposed crime controls, says expert – The Guardian
‘Gambling operators would face practical difficulties in adhering to new anti-crime controls proposed by the British Gambling Commission, an expert has said.’
OUT-LAW.com, 7th October 2015
Source: www.out-law.com
Charging Ahead under the EIR – Panopticon
‘It is difficult to imagine what could possibly have happened yesterday to cause the CJEU’s judgment in Case C-71/14 East Sussex County Council v Information Commissioner (judgment of 6 October 2015) to slip beneath the waves, but for those who spent the day reading, talking and thinking about Safe Harbo(u)rs (presumably something to do with shipping?) East Sussex represents a comforting return to normality, if not mundanity, where the CJEU is asked straightforward questions and it doesn’t quite answer them.’
Panopticon, 7th October 2015
Source: www.panopticonblog.com
