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Elections

10 June 2016
Issue: 7702 / Categories: Case law , Law digest , In Court
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Shindler and another v Chancellor of the Duchy of Lancaster and another [2016] EWCA Civ 469, [2016] All ER (D) 151 (May)

The Court of Appeal dismissed the claimants’ appeal challenging s 2 of the EU Referendum Act 2015, on the basis that exclusion from franchise of UK citizens who had moved abroad and were last registered to vote in the UIK more than 15 years ago constituted an unjustified restriction on their EU law rights of free movement. The court upheld the decision of the Divisional Court and held that s 2 of the 2015 Act did not fall within the scope of EU law by virtue of Art 50(1) of the Treaty on European Union and, even if it did, s 2 did not restrict the rights of free movement of the claimants or those in the same situation as them.

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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