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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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