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08 July 2010
Issue: 7425 / Categories: Case law , Law digest
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European law

R v Budimir and Rainbird (Secretary of State for Culture, Media and Sport intervening) [2010] EWCA Crim 1486, [2010] All ER (D) 269 (Jun). Interfact Ltd v Liverpool City Council [2010] EWHC 1604 (Admin)

In the decentralised system of the EU legal order, rights of individuals under EU law were given effect principally through national courts. In the absence of EU rules on the subject, EU law left to the domestic legal system of each member state the designation of the courts having jurisdiction and the rules governing proceedings intended to secure rights conferred by EU law.

However, national law was not given an entirely free hand in such matters. The applicable national rules would have to comply with two conditions. First, they would have to not be less favourable than those governing similar domestic actions (the principle of equivalence). Secondly, they would have to not render the exercise of rights conferred by Community law impossible or excessively difficult.

The principle of effectiveness resulted directly from the application of the principles of supremacy and direct effect in

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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