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16 May 2014
Issue: 7606 / Categories: Case law , Law digest , In Court
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EU

R (on the application of Newby Foods Ltd) v Food Standards Agency (No 7) [2014] EWHC 1340 (Admin), [2014] All ER (D) 49 (May)

The claimant applied for a declaration that the European Commission was in contempt of court. The Administrative Court considered whether its grant of interim relief had any binding effect on the Commission or the courts of another member state and, if not, whether the Commission was under any duty to respect the order. It concluded that nothing done by the Commission outside the territorial jurisdiction of the courts of England and Wales could amount to a contempt of court under English law, and further set out its views on the scope of the duty of sincere cooperation. The court refused a declaration, although the Commission’s conduct had been, in some respects, open to criticism.

 

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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