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22 February 2013
Issue: 7549 / Categories: Case law , Law digest , In Court
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European Union

Belov v CHEZ Elektro Balgaria AD and others C-394/11 [2013] All ER (D) 105 (Feb)

According to settled case-law, in order to determine whether a body making a reference was a court or tribunal for the purposes of Art 267 TFEU, which was a question governed by EU law alone, the court took account of a number of factors, such as whether the body was established by law, whether it was permanent, whether its jurisdiction was compulsory, whether its procedure was inter partes, whether it applied rules of law and whether it was independent. Further, a national court might refer a question to the court only if there was a case pending before it and if it was called upon to give judgment in proceedings intended to lead to a decision of a judicial nature. Accordingly, it was appropriate to determine whether a body might refer a case to the court on the basis of criteria relating both to the constitution of that body and to its function. In that connection, a national body might be

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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