Advocate general: Employment Appeal Tribunal was wrong in ‘Woolworths’ collective redundancy case – OUT-LAW.com

Posted February 6th, 2015 in consultations, EC law, news, redundancy, tribunals by sally

‘UK rules limiting collective consultation requirements to cases where an employer was proposing 20 or more redundancies “at one establishment” are compatible with EU law, according to an adviser to the EU’s highest court.’

Full story

OUT-LAW.com, 5th February 2015

Source: www.out-law.com

What data protection reform will mean for obtaining ‘customer consent’ – OUT-LAW.com

Posted February 4th, 2015 in consent, data protection, EC law, legislation, medical records, news, privacy by sally

‘FOCUS: If a business wants to process data that relates to a person located in the EU, it must comply with EU privacy laws. By far one of the easiest ways to lawfully process personal data is by obtaining consent from the person whose data a business would like to process.’

Full story

OUT-LAW.com, 3rd February 2015

Source: www.out-law.com

Googling Orgies – Thrashing out the Liability of Search Engines – Panopticon

Posted February 2nd, 2015 in data protection, defamation, EC law, internet, media, news, photography, privacy by sally

‘Back in 2008, the late lamented News of the World published an article under the headline “F1 boss has sick Nazi orgy with 5 hookers”. It had obtained footage of an orgy involving Max Mosley and five ladies of dubious virtue, all of whom were undoubtedly (despite the News of the World having blocked out their faces) not Mrs Mosley. The breach of privacy proceedings before Eady J (Mosley v News Group Newspapers Ltd [2008] EWHC 687 (QB)) established that the ‘Nazi’ allegation was unfounded and unfair, that the footage was filmed by a camera secreted in “such clothing as [one of the prostitutes] was wearing” (at [5]), and also the more genteel fact that even S&M ‘prison-themed’ orgies stop for a tea break (at [4]), rather like a pleasant afternoon’s cricket, but with a rather different thwack of willow on leather.’

Full story

Panopticon, 30th January 2015

Source: www.panopticonblog.com

Is linking to illegally uploaded content allowed? – Technology Law Update

Posted February 2nd, 2015 in copyright, EC law, internet, news by sally

‘We all becoming experts in the manipulation and sharing of electronic text and images. Sharing, linking and embedding material is ever easier using a range of different devices. So what does copyright law have to say about this?’

Full story

Technology Law Update, 30th January 2015

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

McCarthy and EU family permits – Free Movement

Posted January 29th, 2015 in EC law, families, freedom of movement, immigration, news, visas by sally

‘Last last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: the UK is not permitted to require residence card holding family members of EEA nationals to apply for yet further documentation in the form of an entry permit.’

Full story

Free Movement, 29th January 2015

Source: www.freemovement.org.uk

Copyright owners free to choose where to bring web infringement claims but restrictions placed on damages – OUT-LAW.com

Posted January 29th, 2015 in copyright, damages, EC law, foreign jurisdictions, internet, news by sally

‘A ruling by the EU’s highest court could mean that businesses have to take multiple cases across Europe if they want to claim damages for copyright infringement, an expert has said.’

Full story

OUT-LAW.com, 27th January 2015

Source: www.out-law.com

Mass surveillance is fundamental threat to human rights, says European report – The Guardian

Posted January 27th, 2015 in EC law, human rights, interception, investigatory powers, news, privacy, reports by sally

‘Europe’s top rights body has said mass surveillance practices are a fundamental threat to human rights and violate the right to privacy enshrined in European law.’

Full story

The Guardian, 26th January 2015

Source: www.guardian.co.uk

New rules governing UK banks and investment firms in financial difficulty come into force – OUT-LAW

Posted January 23rd, 2015 in banking, EC law, financial regulation, insolvency, news by sally

‘UK regulators have published final rules governing how they will treat banks and investment firms in financial difficulty, following changes to EU law which will require investors and bondholders to bear the cost of bank failure.’

Full story

OUT-LAW.com, 22nd January 2015

Source: www.out-law.com

Stop in the Name of Love! The New EU Regulation 606/2013 on Protection Measures – Family Law Week

Posted January 16th, 2015 in children, confidentiality, EC law, families, harassment, injunctions, news by sally

‘Sarah Lucy Cooper, barrister of Thomas More Chambers, explains the details and effect of this recently implemented EU personal protection law.’

Full story

Family Law Week, 15th January 2015

Source: www.familylawweek.co.uk

Website operators can prohibit ‘screen scraping’ of unprotected data via terms and conditions, says EU court in Ryanair case – OUT-LAW.com

Posted January 16th, 2015 in airlines, database right, EC law, electronic commerce, internet, news by sally

‘Online aggregators that engage in ‘screen scraping’ face a threat to their business models following a ruling by the EU’s highest court, an expert has said.’

Full story

OUT-LAW.com, 15th January 2015

Source: www.out-law.com

High Court judge rejects challenge to Essex local plan document – OUT-LAW.com

Posted January 14th, 2015 in consultations, EC law, local government, news, planning by sally

‘A High Court judge has rejected a challenge to the adoption of a planning document which seeks to direct the location of development in a district of south Essex.’

Full story

OUT-LAW.com, 13th January 2015

Source: www.out-law.com

Regina (Mohammed) v Secretary of State for the Home Department – WLR Daily

Posted January 14th, 2015 in asylum, detention, EC law, immigration, law reports by sally

Regina (Mohammed) v Secretary of State for the Home Department; [2014] EWHC 4317 (Admin); [2015] WLR (D) 4

‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

A landmark decision for brand owners: Court rules ISP blocking orders extend to trademark rights – RPC IP Hub

‘The High Court has recently granted Richemont a blocking order requiring the five largest ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont’s trade mark rights. This was the first time that such a blocking order had been sought against ISPs on the basis of trade mark infringement anywhere in the EU (other than, perhaps, in the Danish case of Home v Telenor).’

Full story

RPC IP Hub, 8th January 2015

Source: www.rpc.co.uk

Further appeal against European Commission ‘pay for delay’ patent settlement decision – Zenith Chambers

Posted January 6th, 2015 in appeals, delay, EC law, medicines, news, patents by sally

‘The European Commission’s controversial infringement decision relating to ‘pay for delay’ pharmaceutical patent settlements is subject to a further challenge.’

Full story

Zenith Chambers, 23rd December 2014

Source: www.zenithchambers.co.uk

Regina (Unison) v Lord Chancellor (Equality and Human Rights Commission intervening) (No 2) – WLR Daily

Posted December 19th, 2014 in EC law, employment tribunals, fees, law reports, sex discrimination by sally

Regina (Unison) v Lord Chancellor (Equality and Human Rights Commission intervening) (No 2) [2014] EWHC 4198 (Admin); [2014] WLR (D) 543

‘On the evidence before the court, the fee scheme imposed under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach the European Union principle of effective access to a court and had not been demonstrated to be indirectly discriminatory to women.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

Cosmetics tested on animals banned in the EU – or are they? – UK Human Rights Blog

‘R (on the application of the European Federation for Cosmetic Ingredients) v Secretary of State for Business, Innovation and Skills and the Attorney General, British Union for the Abolition of Vivisection and the European Coalition to End Animal Experiments (intervening) [2014] EWHC 4222 (Admin) 12 December 2014. Conscientious shoppers who check the labelling of shampoos and other cosmetic products for the “not tested on animals” legend may not be aware that there is in place an EU Regulation (“the Cosmetics Regulation”), enforceable by criminal sanctions, prohibiting the placing on the market of any product that has been tested on laboratory animals. Any comfort drawn from this knowledge however may be displaced by the uncertainty concerning the status of cosmetics whose ingredients have been tested on animals in non-EU or “third” countries. (Incidentally the Cruelty Cutter app is designed to enable consumers to test, at the swipe of a smart phone, whether the product they are contemplating purchasing has been tested on animals.)’

Full story

UK Human RIghts Blog, 12th December 2014

Source: www.ukhumanrightsblog.com

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another – WLR Daily

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another [2014] EWCA Civ 1578; [2014] WLR (D) 526

‘The “safeguarding directions” issued by the Secretary of State for Transport, exercising statutory powers, for phase 1 of the proposed high speed rail network (“HS2”) linking London to Manchester did not fall within the scope of plans and programmes which set the framework for future development consent of projects within the meaning of articles 2(a) and 3(2) of Parliament and Council Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment.’

WLR Daily, 9th December 2014

Source: www.iclr.co.uk

Food allergy laws enforced in restaurants and takeaways – BBC News

Posted December 12th, 2014 in EC law, food, health & safety, news by sally

‘Restaurants and takeaways across Europe will be required by law to tell customers if their food contains ingredients known to trigger allergies.’

Full story

BBC News, 12th December 2014

Source: www.bbc.co.uk

Free Movement of Doctors in the NHS – Littleton Chambers

Posted December 11th, 2014 in appeals, doctors, EC law, employment tribunals, freedom of movement, health, news by sally

‘In Kapenova v. Department of Health [2014] ICR 884, the first case of its kind in the health sector, the EAT has held that an entry criterion for the two year Foundation Programme for medicine graduates is a justified infringement of EU free movement rights. Kapenova demonstrates that: (i) a claim for unjustified infringement of free movement rights can be pursued as a claim for indirect nationality discrimination under the Equality Act 2010 before the Employment Tribunal, and; (ii) the approach to the justification defence under EU law and domestic law is the same.’

Full story

Littleton Chambers, 11th December 2014

Source: www.littletonchambers.com

Is this a copy? John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd – NIPC Law

Posted December 11th, 2014 in Community designs, copyright, EC law, intellectual property, news by sally

‘In John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd. [2014] EWHC 3779 (IPEC) (21 Nov 2014) Judge Hacon had to decide whether the fabric used to make the dress in the bottom photo was a copy of the fabric in the top one.’

Full story

NIPC Law, 11th December 2014

Source: www.nipclaw.blogspot.co.uk