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08 July 2010
Issue: 7425 / Categories: Case law , Law digest
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European law

R v Budimir and Rainbird (Secretary of State for Culture, Media and Sport intervening) [2010] EWCA Crim 1486, [2010] All ER (D) 269 (Jun). Interfact Ltd v Liverpool City Council [2010] EWHC 1604 (Admin)

In the decentralised system of the EU legal order, rights of individuals under EU law were given effect principally through national courts. In the absence of EU rules on the subject, EU law left to the domestic legal system of each member state the designation of the courts having jurisdiction and the rules governing proceedings intended to secure rights conferred by EU law.

However, national law was not given an entirely free hand in such matters. The applicable national rules would have to comply with two conditions. First, they would have to not be less favourable than those governing similar domestic actions (the principle of equivalence). Secondly, they would have to not render the exercise of rights conferred by Community law impossible or excessively difficult.

The principle of effectiveness resulted directly from the application of the principles of supremacy and direct effect in EU law. It was for national courts, in application of

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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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