Category: EC law

The Consumer Rights Act 2015: an overview – Henderson Chambers

Posted September 7th, 2015 in consumer protection, EC law, news, unfair contract terms by sally

‘The Consumer Rights Act 2015 is a landmark in the field of consumer law. In anticipation of the coming into force on 1 October 2015 of many of the provisions within the Consumer Rights Act 2015, Henderson Chambers will be publishing a series of alerters highlighting different aspects of the new statutory regime, particularly insofar as it governs the content of consumer contractual relationships and how products should be offered to consumers.’

Full story

Henderson Chambers, 3rd September 2015

Source: www.hendersonchambers.co.uk

What the Ashley Madison case highlights about jurisdiction in data protection cases – OUT-LAW.com

Posted August 26th, 2015 in data protection, EC law, internet, jurisdiction, news by sally

‘FOCUS: The Ashley Madison data breach case highlights the unsatisfactory lack of clarity that exists over which data protection laws apply to businesses that operate across the world.’

Full story

OUT-LAW.com, 24th August 2015

Source: www.out-law.com

Calais migrant crisis—what are the human rights obligations of member states? – Halsbury’s Law Exchange

Posted August 24th, 2015 in asylum, EC law, human rights, immigration, news by sally

‘As the Calais migrant crisis continues, Greg Ó Ceallaigh, barrister at Garden Court Chambers, explains the human rights obligations of member states involved.’
Full story

Halsbury’s Law Exchange, 21st August 2015

Source: www.halsburyslawexchange.co.uk

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) – WLR Daily

Posted August 21st, 2015 in adoption, appeals, care orders, children, EC law, families, family courts, human rights, jurisdiction, law reports, local government, transfer of proceedings by sally

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) [2015] EWCA Civ 888; [2015] WLR (D) 365

‘Notwithstanding that concerns might be expressed in many parts of Europe about the law and practice in England and Wales in relation to non-consensual adoption where care proceedings involving foreign nationals were in contemplation, domestic law was not incompatible with the United Kingdom’s international obligations or, specifically, its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

Remove ‘barristers’ from Victims’ Code, says Society – Law Society’s Gazette

Posted August 18th, 2015 in barristers, codes of practice, consultations, crime, EC law, news, solicitor advocates, victims by sally

‘‘Out-of-date’ references to barristers in a code of practice for crime victims should be amended, the Law Society has said in response to a Ministry of Justice consultation.’

Full story

Law Society’s Gazette, 17th August 2015

Source: www.lawgazette.co.uk

Petter v EMC: Employment Share Schemes, Choice of Forum and Anti –Suit Injunctions – did the CA take a step too far? – Employment Law Blog

Posted August 14th, 2015 in contract of employment, domicile, EC law, injunctions, news, remuneration, restrictive covenants, subsidiary companies by sally

‘In granting the anti-suit injunction against EMC Corporation in Petter v (1) EMC Europe Limited (2) EMC Corporation [2015] EWCA Civ 828, the CA considered that it was upholding the policy in section 5 of Regulation (EU) 1215/2012 for the protection of employees from being sued other than in the courts of their domicile. But was it exceeding the limits of its jurisdiction to regulate the lawful conduct of foreigners, and interfering in the process of justice in the court of a friendly foreign state?’

Full story

Employment Law Blog, 13th August 2015

Source: www.employment11kbw.com

Leaving the EU—impact on case law and legislation – Halsbury’s Law Exchange

Posted August 14th, 2015 in bills, EC law, news, referendums, treaties by sally

‘If the UK votes to leave the EU what will be the impact on case law and legislation? Tim Eicke QC, a leading public and EU law advocate, looks at some of the issues that might arise domestically and internationally with a decision to leave the Union.’

Full story

Halsbury’s Law Exchange, 13th August 2015

Source: www.halsburyslawexchange.co.uk

What happens to failed asylum seekers? – BBC News

Posted August 13th, 2015 in appeals, asylum, detention, EC law, immigration, news by sally

‘Thousands of migrants are camped around Calais in northern France. Many will risk their lives smuggling themselves across the Channel into the UK. What happens to those that get through?’
Full story

BBC News, 13th August 2015

Source: www.bbc.co.uk

Consumer rights rules will not apply where personal data, not money, is exchanged for digital content – OUT-LAW.com

Posted August 12th, 2015 in consumer protection, contracts, data protection, EC law, internet, news, privacy by sally

‘Businesses selling or licensing digital content will not have to honour most “rights and remedies” that consumers will have under new UK consumer protection laws where those consumers exchange access to their personal data rather than money in return for that content, a UK regulator has said.’

Full story

OUT-LAW.com, 7th August 2015

Source: www.out-law.com

Half a million missing out on flight delay compensation – Daily Telegraph

Posted August 10th, 2015 in airlines, airports, compensation, delay, EC law, news, statistics by sally

‘Passengers more than three hours late to their destination can claim up to £420, but more than 500,000 have failed to do so over the past year.’

Full story

Daily Telegraph, 8th August 2015

Source: www.telegraph.co.uk

On fairness and principle: the legacy of ZZ re-examined – Michael Rhimes – UK Human Rights Blog

Posted August 7th, 2015 in disclosure, EC law, employment tribunals, human rights, news, race discrimination, religious discrimination, unfair dismissal, vetting by sally

‘Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776 (21 July 2015). In my last post on UKHRB I commented on developments in UK, ECHR and EU jurisprudence relating to procedural fairness in the context of national security.
The developments in this recent case offer some further interesting thoughts on the topic.’

Full story

UK Human Rights Blog, 6th August 2015

Source: www.ukhumanrightsblog.com

Ukulele Wars: The Ukulele Orchestra of Great Britain v Clausen – NIPC Law

Posted August 6th, 2015 in EC law, intellectual property, news, striking out, trade marks by sally

‘Although Judge Hacon’s decision in The Ukulele Orchestra of Great Britain v Clausen and Another [2015] EWHC 1772 (IPEC) was reported as a “victory” in the Independent (The Ukulele Orchestra of Great Britain wins duel with German ‘copycat’ 3 July 2015) it was somewhat of the pyrrhic kind. The Ukulele Orchestra of Great Britain sued The United Kingdom Ukulele Orchestra for trade mark infringement, copyright infringement and passing off and applied to strike out the defence on the grounds of abuse of process less than two weeks before the trial. The claim succeeded on passing off but failed on all other counts. The claimants lost their Community trade mark and the judge saw no merit in the strike out application whatever.’

Full story

NIPC Law, 5th August 2015

Source: www.nipclaw.blogspot.co.uk

Regina (Child Soldiers International) v Secretary of State for Defence – WLR Daily

Posted August 4th, 2015 in age discrimination, armed forces, EC law, equality, law reports, news, regulations by sally

Regina (Child Soldiers International) v Secretary of State for Defence [2015] EWHC 2183 (Admin); [2015] WLR (D) 343

‘Article 3(4) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation gave member states an unqualified and unrestricted power not to apply the Directive to the armed forces, so that the terms of the Army Terms of Service Regulations 2007 were not incompatible with equal treatment under the Directive.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

Man loses ‘right to be forgotten’ Google court bid – BBC News

Posted July 31st, 2015 in conspiracy, costs, data protection, EC law, fraud, human rights, injunctions, internet, media, news, privacy, public interest by sally

‘A man involved in a £51m VAT scam has lost a legal bid to have news stories about him removed from Google under the so-called “right to be forgotten”.’
Full story

BBC News, 30th July 2015

Source: www.bbc.co.uk

R v R – WLR Daily

Posted July 30th, 2015 in appeals, EC law, financial provision, law reports, regulations, sanctions by sally

R v R [2015] EWCA Civ 796; [2015] WLR (D) 337

‘Neither article 9 of Council Regulation (EU) No 269/2014 nor regulation 10(2)(a) of the Ukraine (European Union Financial Sanctions) (No 2) Regulations 2014 were contravened by an order requiring a husband, who lived in Russia and who was subject to sanctions imposed by the EU Regulation, to pay interim maintenance into his former wife’s Russian bank account.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

Bramley apple pie filling wins protected status from European commission – The Guardian

Posted July 30th, 2015 in EC law, food, news by sally

‘In a nod to British baking that could warm the hearts of even the most eurosceptic person, the tangy taste of a Bramley apple pie filling has officially been awarded protected status by the European commission.’

Full story

The Guardian, 29th July 2015

Source: www.guardian.co.uk

Supreme Court rules factory expansion can proceed despite flaws in environmental assessment process – OUT-LAW.com

Posted July 29th, 2015 in appeals, EC law, environmental health, judicial review, news, planning, Supreme Court by sally

‘Plans to extend a Norfolk factory should be allowed to proceed despite procedural irregularities, as proper compliance with the environmental impact assessment (EIA) process would not have led to a different conclusion, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 24th July 2015

Source: www.out-law.com

European Commission sends Statement of Objections in pay-TV investigation – Zenith Chambers

Posted July 28th, 2015 in competition, EC law, licensing, media, news by sally

‘The European Commission has issued a statement of objections to Sky UK and six major US film studies (Disney, NBCUniversal, Paramount Pictures, Sony, Twentieth Century Fox andWarner Bros).The Commission has formed a preliminary view that a licensing agreement between SkyUK and the studios restricts the ability of Sky to sell its pay-TV services to customersoutside the UK and Ireland.’

Full story

Zenith Chambers, 24th July 2015

Source: www.zenithchambers.co.uk

Supreme Court refuses relief despite legal defect before planning permission – Local Government Lawyer

Posted July 27th, 2015 in EC law, environmental protection, local government, news, planning by sally

‘The Supreme Council has refused to grant relief despite finding a legal defect in the procedure prior to a district council’s grant of planning permission for a development, in a key case relating to appropriate assessments, EIA assessments and mitigation measures.’

Full story

Local Government Lawyer, 22nd July 2015

Source: www.localgovernmentlawyer.co.uk

Saga delayed: A report on the continuing West Tankers saga – No. 5 Chambers

Posted July 27th, 2015 in arbitration, EC law, injunctions, jurisdiction, news by sally

‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1) begins “In the determination of his civil rights and obligations… everyone is entitled to a… hearing within a reasonable time…” The ECJ’s West Tankers judgment seems to depart from this.’

Full story

No. 5 Chambers, 6th July 2015

Source: www.no5.com