header-logo header-logo

European Union

02 November 2012
Issue: 7536 / Categories: Case law , Law digest , In Court
printer mail-detail

R (on the application of Preston) v Lord President of the Council [2012] EWCA Civ 1378, [2012] All ER (D) 249 (Oct)

The 15 year rule in s 1(3)(c) of the Representation of the People Act 1985, which rendered ineligible to vote anyone who had been resident outside the UK for more than 15 years, was not in terms an express restriction on free movement. Nor was it in substance a disguised or inherent restriction on free movement. The Divisional Court had been correct to consider the potential effect of the 15 year rule on free movement in practice. Its conclusion that any interference with the right of free movement, in such cases, was “too indirect and uncertain” to require justification was not contradicted or undermined by the claimant’s evidence. It did not follow that every disadvantage of non-residence in the UK was a restriction on or deterrent to free movement. Further, as disenfranchisement was only triggered after the passing of 15 years’ residence overseas, a long term view had to be taken when considering whether the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll