Tue 13-Jan-09 12:35 PM by Dan_manville

I've been told that one of my cases is stayed behind Kaczmarek vs Sec State...

I can't find it using the Court Service listings calendar and suspect a spelling mistake on the UT website, however I'm lost as to what to advise my client. Does anyone know the correct name, or possibly even a citation number so I can look it up?

Ta!

Thu 15-Jan-09 11:47 AM by shawn

(Edited to shorten link)

Spelling not the problem. It has been decided by CA:

http://www.bailii.org/ew/cases/EWCA/Civ/2008/1310.html

rightsnet news summary is here:

Whether former worker has right to reside under Article 12 or 18 of the EC Treaty: New Court of Appeal judgment

Well, there's me not paying enough attention then...

Fair puts the boot in to certain arguments about "residing legally" as well.

I've suddenly got a lot of thinking to do!

Cheers Martin.

This all makes my brain ache so am I right to conclude that because of
Council Directive 2004/38/EC any EEA worker will have a right of residence after 5 years in the UK no matter what but not before unless they are working or in certain defined groups.

The language of the CA might be construed to be rather ambiguous on this point...

For instance, para 5. "In short, her lack of a right to reside (which is not the same as lawful prescence)" juxtaposed against para 23 " provides for a right of permanent residence after 5 years' lawful prescence" would lead me to belive that, unless they've used essentially different meanings for the same language then the door's wide open...

I'll certainly be submitting that today anyways.

I do hate it when I contradict myself!

I always thought that advisors, and particularly representatives, have to follow Lewis Caroll's Red Queen when she says "sometimes I've believed as many as six impossible things before breakfast".

Well, this morning fortunately it's only two, but having reverted to the first, for very different and entirely possible reasons than CA might comment on I think I'll just duck the question instead...

Pass the aspirin!