Gordon Nardell Q.C.,39 Essex Street |
Simpson P.,DLA Piper UK LLP
Journal of Planning and Environment Law | Year: 2011
The articles examines the implications of recent caselaw on the species protection provisions of the habitats directive. The Habitats Directive and the Wild Birds Directive together set out a system of protection across the European Union for the conservation of nature. The Habitats Directive was first implemented in England, Wales and Scotland by the Conservation (Natural Habitats) Regulations 1994 (1994 Regulations). The Supreme Court was doubtless concerned that the Court of Appeal's reading of article 12(1)(b) involved importing constraints that are unsupported by the language of the provision. The issue is of particular importance in the frequently encountered scenario where, although EPS are present in the vicinity of proposed development, there is no relevant Natura 2000 site attracting the operation of regulation 61. It is submitted that planning conditions relating to compensatory measures are not appropriate where those measures can be secured adequately by NE or WAG through the regulation 53 licensing process.
Hicks V.A.,Upper Tribunal Lands Chamber |
Sage R.,DAC Beachcroft Claims Ltd. |
Wright M.,DLA Piper UK LLP
Journal of Planning and Environment Law | Year: 2015
The article discusses the decision made by an upper tribunal in the case 'Mrs Violet Ann Hicks versus The Coal Authority.' Mrs Hicks is currently the sole freehold owner of the subject property and lives there with her husband and son In her witness statement, she said that when she and her husband purchased it, together with about 40ha of land in May 1973, the substantial farmhouse was in need of complete modernization. These works were undertaken between then and December 1974 when she moved in. She said that despite the need for refurbishment, there was no significant damage to any part of the farmhouse and she could not recall any damage occurring prior to noticing severe cracking in May 2007.
Van Eecke P.,University of Antwerp |
Truyens M.,DLA Piper UK LLP
Computer Law and Security Review | Year: 2010
This article discusses the complex relationship between social networks and the EU Data Protection Directive (95/46/EC). After a concise introduction to the general privacy impact of social networks, it discusses how the Directive applies to users and operators of social networks and social network applications. Particular attention is drawn to the scope of the Directive (including the "household" exception), the obligations imposed on data controllers, the interpretation of the Directive by Working Party 29, as well as the difficulties that are encountered when applying the aging Directive to the technological reality of today's social networks. © 2010 Patrick Van Eecke & Maarten Truyens. Published by Elsevier Ltd. All rights reserved.
Bore J.,DLA Piper UK LLP
Biochemist | Year: 2012
The single dramatic episode that led to the now familiar body of legislation regulating the manufacture and supply of medicines in the United Kingdom was the thalidomide tragedy that played out in the early 1960s. The limb deformities in children born to mothers who had taken thalidomide as a treatment to prevent morning sickness early in their pregnancy were readily reproducible in tests in rabbits. But tests in appropriate species had reportedly not been carried out before thalidomide was marketed worldwide. There were proportionately fewer cases of thalidomide-induced deformities in the USA because the drug had not been marketed there, although it had been used by women in clinical trials. The federal Food and Drug Administration (FDA) had taken a more cautious approach requiring additional evidence of safety in pregnant women. © 2012 The Biochemical Society.
Burden K.,DLA Piper UK LLP
Computer Law and Security Review | Year: 2016
This is the latest edition of the DLA Piper column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links. © 2016 DLA Piper UK LLP. Published by Elsevier Ltd. All rights reserved.