The British and Europe – Lord Neuberger, President of the Supreme Court
The British and Europe (PDF)
Lord Neuberger, President of the Supreme Court
Cambridge Freshfields Annual Law Lecture, 12th February 2014
Source: www.supremecourt.uk
Category: EC law
EU uncertainty – the impact on EU migrants in the UK – Halsbury’s Law Exchange
‘Recently I have seen an increase in EU nationals enquiring about becoming British. I always ask the client why they feel the need (given the extensive rights that EU law secures) to move between EU states. The invariable answer is a fear that Britain will leave the EU.’
Halsbury’s Law Exchange, 12th February 2014
Source: www.halsburyslawexchange.co.uk
Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily
‘The level of fees to be paid under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach European Union principles of effectiveness or equivalence.’
WLR Daily, 7th February 2014
Source: www.iclr.co.uk
Leidseplein Beheer BV and another v Red Bull GmbH and another – WLR Daily
Leidseplein Beheer BV and another v Red Bull GmbH and another (Case C-65/12); [2014] WLR (D) 48
‘Under article 5(2) of First Council Directive 89/104/EEC, the proprietor of a trade mark with a reputation could be obliged, pursuant to the concept of “due cause” within the meaning of that provision, to tolerate the use by a third party of a sign similar to that mark in relation to a product which was identical to that for which that mark was registered, if it was demonstrated that the sign was being used before that mark was filed and that the use of that sign in relation to the identical product was in good faith.’
WLR Daily, 6th February 2014
Source: www.iclr.co.uk
Councils win High Court case over allocation of EU structural funds – Local Government Lawyer
‘Nine local authorities have won a High Court challenge over the Government’s regional allocation of EU structural funds for 2014-2020.’
Local Government Lawyer, 10th February 2014
Source: www.localgovernmentlawyer.co.uk
UNISON’s employment tribunal fees challenge dismissed, but impact of new regime not yet apparent, says High Court – OUT-LAW.com
‘A trade union’s legal challenge to the introduction of fees to bring a case to an employment tribunal has been dismissed by the High Court.’
OUT-LAW.com, 10th February 2014
Source: www.out-law.com
United States of America v Nolan – WLR Daily
United States of America v Nolan [2014] EWCA Civ 71; [2014] WLR (D) 46
‘Employers who were public administrative bodies or sovereign states were not exempt from the obligation to consult employees’ representatives about proposed collective redundancies imposed by section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, as substituted.’
WLR Daily, 4th February 2014
Source: www.iclr.co.uk
HSE guidance on working at height simplified, but underlying regulations remain unchanged, says expert – OUT-LAW.com
‘The Health and Safety Executive (HSE) has published new guidance on what the law requires of both employers and employees when people are working at height.’
OUT-LAW.com. 31st January 2014
Source: www.out-law.com
Iran sues MoD firm over the Shah’s tanks – The Independent
‘The Iranian government is taking a Ministry of Defence-owned company to the High Court to end a £400m row over British-made Chieftain tanks that has dragged on for 35 years.’
The Independent, 2nd February 2014
Source: www.independent.co.uk
Diakité v Commissaire général aux réfugiés et aux apatrides – WLR Daily
Diakité v Commissaire général aux réfugiés et aux apatrides (Case C-285/12); [2014] WLR (D) 37
‘An internal “armed conflict” existed, for the purposes of article 15(c) of Council Directive 2004/83/EC, if a state’s armed forces confronted one or more armed groups or if two or more armed groups confronted each other. It was not necessary for that conflict to be categorised as “armed conflict” not of an international character under international humanitarian law; nor was it necessary to carry out, in addition to an appraisal of the level of violence present in the territory concerned, a separate assessment of the intensity of the armed confrontations, the level of organisation of the armed forces involved or the duration of the conflict.’
WLR Daily, 30th January 2014
Source: www.iclr.co.uk
ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily
ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26
‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’
WLR Daily, 24th January 2014
Source: www.iclr.co.uk
Mark Elliot: Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law – UK Constitutional Law Group
‘Earlier this week, the UK Supreme Court gave judgment in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3. A good overview of the issues at stake in the case can be found in the Court’s press summary, as well as in a post by David Hart on the UK Human Rights Blog. This post is concerned only with one aspect of the decision, and with some very interesting dicta concerning not only the relationship between UK and EU law, but the nature of the UK’s constitutional order itself.’
UK Constitutional Law Group, 23rd January 2014
Source: www.ukconstitutionallaw.org
United Kingdom v European Parliament and another – WLR Daily
United Kingdom v European Parliament and another (Case C-270/12); [2014] WLR (D) 17
‘The powers available to ESMA under article 28 of Parliament and Council Regulation (EU) No 236/2012 of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ 2012 L86, p 1) were precisely delineated and amenable to judicial review in the light of the objectives established by the delegating authority. Accordingly, those powers did not imply that ESMA was vested with a “very large measure of discretion” that was incompatible with the FEU Treaty.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Supreme Court rejects HS2 legal bid – BBC News
‘The Supreme Court has rejected a legal bid by objectors of the HS2 national high-speed rail link to force further scrutiny of the government’s plans.’
BBC News, 22nd January 2014
Source: www.bbc.co.uk
In re LC (Children)(Reunite International Child Abduction Centre intervening) – WLR Daily
‘In determining whether an adolescent child had achieved a sufficient degree of integration into a social and family environment in a country in which she was living, so as to be habitually resident there, a relevant factor was her state of mind during that residence.’
WLR Daily, 15th January 2014
Source: www.iclr.co.uk
The EU’s Data Protection Regulation: where are we? – Panopticon
‘The replacement of Directive 95/26/EC – the bedrock of data protection in Europe – with a new Regulation is intended as a radical overhaul, making protections for personal data fit for the digital world. It has now been over two years since the first substantive draft of that Regulation was made public.’
Panopticon, 20th January 2014
Source: www.panopticonblog.com
EU proposals could outlaw giant NHS database – Daily Telegraph
‘Proposed EU laws could render £50 million NHS database illegal, senior officials warn.’
Daily Telegraph, 20th January 2014
Source: www.telegraph.co.uk
