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7 Sep 2020, 4:37 pm by INFORRM
The decision in Data Protection Commissioner v Facebook Ireland Case C‑311/18 (aka Schrems II), has brought into question whether any transfers to the US can be valid, and has opened up the Binding Corporate Rules regime, which is used by some of the world’s biggest multinational groups, to challenge. [read post]
27 Aug 2020, 1:31 am by Lara White (UK) and Janine Regan (UK)
The judgement recalls the case of Bank Mellat v Her Majesty’s Treasury (No 2) [2014] AC 700 which sets out four questions aimed at justifying whether it is proportionate to limit a Convention right: Is the objective of the measure pursued is sufficiently important to justify the limitation of a fundamental right? [read post]
19 Aug 2020, 6:22 am by Matrix Legal Support Service
This appeal was about whether the pension scheme transfer by the late Mrs Staveley, and her omission to take income benefits which were then payable, constituted, or are to be treated as constituting, for the purposes of the Inheritance Tax 1984 a “disposition” which is a “transfer of value” in favour of her sons, who were to be the beneficiaries of the death benefit. [read post]
11 Aug 2020, 5:30 am by Guest Blogger
Tabatha Abu El-HajIn my last post, I suggested that McKesson v. [read post]
10 Aug 2020, 5:30 am by Guest Blogger
Philadelphia’s Police Commissioner defended her department’s decision to disperse peaceful marchers on a Philadelphia highway on grounds that the crowd had become unlawful once it entered the highway without a permit. [read post]
7 Aug 2020, 9:38 am by Mindy Harris
Supreme Court’s June 29, 2020 decision in Seila Law LLC v. [read post]
5 Aug 2020, 2:52 pm by Ben Berwick, Rachel Homer
But upon her resignation, McAleenan assumed the position of acting secretary, despite the fact that two other Senate-confirmed individuals were ahead of him to succeed to that office. [read post]
30 Jul 2020, 9:05 pm by Joshua Burd
Supreme Court’s Department of Homeland Security v. [read post]
29 Jul 2020, 4:19 pm by INFORRM
This principle was reaffirmed in 2016 by the UKSC in R v (on the application of Ingenious Media Holdings) v Commissioners for Her Majesty’s Revenue and Customs [2016] UKSC 54 at [17]. [read post]
28 Jul 2020, 4:00 am by Public Employment Law Press
"Commissioner Tahoe explained that Petitioner commenced an action in Supreme Court, Westchester County raising substantially similar claims, and seeking substantially similar relief, as in the instant appeal.** In the civil action, Petitioner asked the court, among other things, to [1] vacated the Board's appointment of a new superintendent and [2] compel the Board to follow its own policies and procedures in the appointment of a new superintendent.Citing Appeal of Moriarty, 57 Ed… [read post]
28 Jul 2020, 4:00 am by Public Employment Law Press
"Commissioner Tahoe explained that Petitioner commenced an action in Supreme Court, Westchester County raising substantially similar claims, and seeking substantially similar relief, as in the instant appeal.** In the civil action, Petitioner asked the court, among other things, to [1] vacated the Board's appointment of a new superintendent and [2] compel the Board to follow its own policies and procedures in the appointment of a new superintendent.Citing Appeal of Moriarty, 57 Ed… [read post]