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02 November 2012
Issue: 7536 / Categories: Case law , Law digest , In Court
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European Union

R (on the application of Preston) v Lord President of the Council [2012] EWCA Civ 1378, [2012] All ER (D) 249 (Oct)

The 15 year rule in s 1(3)(c) of the Representation of the People Act 1985, which rendered ineligible to vote anyone who had been resident outside the UK for more than 15 years, was not in terms an express restriction on free movement. Nor was it in substance a disguised or inherent restriction on free movement. The Divisional Court had been correct to consider the potential effect of the 15 year rule on free movement in practice. Its conclusion that any interference with the right of free movement, in such cases, was “too indirect and uncertain” to require justification was not contradicted or undermined by the claimant’s evidence. It did not follow that every disadvantage of non-residence in the UK was a restriction on or deterrent to free movement. Further, as disenfranchisement was only triggered after the passing of 15 years’ residence overseas, a long term view had to be taken when considering whether the prospect of ceasing to be eligible as an overseas voter

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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