Librarians take legal battle against library closures to government

17 Dec 2015 | by Daiva Eitkeviciene

The Chartered Institute of Library and Information Professionals (CILIP) today announced that it was challenging the Department of Culture Media and Sport concerning its oversight of library services under the Public Libraries and Museums Act 1964. Part of its campaign entitled My Library My Right championing public access to quality library services, CILIP is asking […]

General Court annuls Air Cargo decision

17 Dec 2015 | by Daiva Eitkeviciene

In judgments handed down yesterday the General Court of the EU has annulled the Commission’s 2010 decision finding the applicant companies to have infringed the competition rules by participating in a cartel to fix surcharges for air freight and imposing heavy fines upon them. The basis for the Court’s ruling was that the reasoning in […]

Telefonica successfully discharges GSM Gateways injunction

16 Dec 2015 | by Daiva Eitkeviciene

The High Court has discharged an injunction that was obtained by Packet Media Limited (“PML”) against Telefonica UK (“TUK”) in July 2015. PML operates GSM Gateways and provides telecommunications services to its own business customers. The use of those Gateways was contrary to TUK’s Gateway Policy. PML sought to restrain TUK from disconnecting the SIM […]

CMA wins merger test case in Supreme Court

16 Dec 2015 | by Daiva Eitkeviciene

In a case which it described at the permission stage as one of “particular public interest”, the Supreme Court has allowed an appeal by the Competition and Markets Authority (CMA) against the decision by the Court of Appeal that the acquisition by Eurotunnel of 3 out of Seafrance’s 4 ferries, together with certain other business […]

MOJ Whiplash reforms are compatible with Articles 102 and 106 TFEU

11 Dec 2015 | by Daiva Eitkeviciene

The Administrative Court has rejected a judicial review challenge to the Government’s recent whiplash reforms, which on 6 April 2015 introduced a mandatory requirement for personal injury solicitors to instruct medical experts via the MedCo internet portal. A leading medical reporting organisation (MRO), Speed Medical Examinations Limited, sought to challenge the operation of the Portal […]

Reference to CJEU on ‘DRIPA’ data retention regime and Digital Rights Ireland

20 Nov 2015 | by Claire Alderman

R v Secretary of State for the Home Department ex p David Davis MP, Tom Watson MP, Peter Brice and Geoffrey Lewis Open Rights Group, Privacy International and the Law Society intervening The Court of Appeal has today handed down judgment in an appeal concerned with the Home Secretary’s powers in relation to the retention […]

Commercial agent’s ‘Shearman v Hunter Boot clause’ severed by Mercantile Court

04 Nov 2015 | by Claire Alderman

Brand Studio Limited v St John’s Knits [2015] EWHC 3143 (QB), Teare J This case concerned a commercial agency between a UK agent and a Californian principal. The agency contract contained a clause that elected Regulation 17 indemnity upon termination, with a proviso that the agent would get Regulation 17 compensation if that proved to […]

Court of Appeal provides guidance on the meaning of “family member” for the purposes of EU free movement rights: Entry Clearance Officer v SM (Algeria) [2015] EWCA Civ 1109

04 Nov 2015 | by Claire Alderman

In a judgment handed down on 4 November 2015, the Court of Appeal allowed an appeal against a decision of the Upper Tribunal concerning the rights of EU citizens to bring non-EU family members into the UK.  In doing so, it clarified the scope of the term “family member” in EU law as it applies […]

Jeremy McBride advises Council of Europe

14 Oct 2013 | by Monckton Chambers

At its session on 11-12 October, the European Commission for Democracy through Law (the Venice Commission) adopted its Joint Opinion with the Council of Europe’s Directorate for Human Rights on the draft Law of Ukraine on the Public Prosecutor’s Office. This draft Law will abolish the function of general supervision that currently allows the Public […]

Key Strasbourg Ruling on Hearsay Evidence and “Judicial Dialogue”

15 Dec 2011 | by Monckton Chambers

Eric Metcalfe acted on behalf of the NGO intervener JUSTICE in a landmark judgment by the Grand Chamber of the European Court of Human Rights in the case of Al Khawaja and Tahery v United Kingdom. The much-anticipated ruling came in the wake of the judgment of the UK Supreme Court in R v Horncastle […]