Brave new world – Counsel

Posted December 9th, 2016 in EC law, financial regulation, freedom of movement, markets, news, passports by sally

‘How will losing passporting rights affect the UK’s financial services sector? Saima Hanif argues that the equivalence regime is not a satisfactory alternative.’

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Counsel, December 2016

Source: www.counselmagazine.co.uk

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Court rejects bid to halt Southern train drivers’ industrial action – The Guardian

Posted December 9th, 2016 in EC law, industrial action, news, railways, trade unions by sally

‘The high court has rejected an attempt by the owners of Southern rail to prevent train drivers from taking industrial action.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

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Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

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Robert Craig: Miller: The Statutory Basis Argument – A Primer – UK Constitutional Law Association

Posted December 6th, 2016 in appeals, constitutional law, EC law, news, royal prerogative, Supreme Court, treaties by sally

‘This is a brief (1200 words brief) summary of the ‘statutory basis’ argument. This post responds directly to the fact that, in the Supreme Court case being heard today, Lord Mance directly asked Mr Eadie QC whether Article 50 had been incorporated. Mr Eadie said that it was not because it did not have ‘direct effect’. It is suggested that the failure to claim Article 50 is in fact part of domestic law was mistaken. A strong argument can be made that triggering Article 50 could be done under an existing statutory power.’

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UK Constitutional Law Association, 5th December 2016

Source: www.ukconstitutionallaw.org

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Royal prerogative takes centre stage as supreme court Brexit case opens – The Guardian

‘Theresa May’s plan to implement Brexit without the authorisation of a vote in parliament would be “a contemporary necessity” rather than a misuse of outdated ancient royal powers, the attorney general said at the start of the most keenly awaited constitutional law case in recent memory.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

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Drones – the key legal issues – Technology Law Update

Posted December 5th, 2016 in aircraft, EC law, news, photography by sally

‘Drone usage has evolved from primarily military purposes to a variety of commercial and non-commercial uses today. Some estimates put global spending on drones at almost $91 billion over the next decade, making drones one of the most dynamic components of the aerospace sector.’

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Technology Law Update, 2nd December 2016

Source: www.technology-law-blog.co.uk

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Everything you need to know about the Supreme Court judgment on Brexit – The Independent

Posted December 5th, 2016 in EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘The Government’s challenge against the High Court ruling that parliamentary approval is required to start the process of leaving the European Union will be hard tomorrow.’

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The Independent, 4th December 2016

Source: www.independent.co.uk

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The judges protect us. It’s time to stand up for them – The Guardian

‘Brexiteers and their media allies have declared war on our judiciary. On behalf of the people, the supreme court must push back.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

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Senior judges prepare to hear Brexit supreme court appeal – The Guardian

Posted December 5th, 2016 in EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘All 11 of the UK’s most senior judges will take their seats on the supreme court bench on Monday to decide whether parliament or the government has the authority to trigger Brexit.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

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Art 50: the clash of the Brexit case arguments – New Law Journal

Posted December 2nd, 2016 in constitutional law, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Michael Zander QC reviews the written cases of the government & the lead claimants in next week’s Supreme Court hearing.’

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New Law Journal, 1st December 2016

Source: www.newlawjournal.co.uk

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Why our 21st century democracy needs the spirit of 1647 – The Guardian

Posted December 2nd, 2016 in EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘The article 50 supreme court hearings won’t solve our systemic crisis. We need a new way to connect people and state.’

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The Guardian, 2nd December 2016

Source: www.guardian.co.uk

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Competition Law claims post-Brexit: the issue of applicable law – Blackstone Chambers

Posted December 1st, 2016 in competition, EC law, news, treaties by sally

‘Once notification is given by the UK Government of its intention to withdraw from the European Union under Article 50 TFEU, EU law will cease to apply in the UK after the expiry of two years (absent an agreement between all 28 Member States extending the relevant period). What then happens to the UK’s competition law regime, which is closely intertwined with EU law, both substantively and procedurally?’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

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Islands of jurisdiction for competition damages claims in a post-Brexit world – Blackstone Chambers

Posted December 1st, 2016 in competition, damages, EC law, jurisdiction, news, treaties by sally

‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

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UK surveillance laws reformed in new Investigatory Powers Act – OUT-LAW.com

‘UK surveillance laws have been updated with the enactment of the new Investigatory Powers Act.’

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OUT-LAW.com, 30th November 2016

Source: www.out-law.com

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What is Article 127 – and why could it be central to Brexit? – Daily Telegraph

Posted November 29th, 2016 in EC law, news, parliament, referendums, treaties by sally

‘Theresa May has claimed that the Government’s plans for Brexit are “on track”.’

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Daily Telegraph, 28th November 2016

Source: www.telegraph.co.uk

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Brexit: Legal battle over UK’s single market membership – BBC News

Posted November 29th, 2016 in appeals, EC law, export controls, news, referendums, Supreme Court, treaties by sally

‘The government is facing a legal battle over whether the UK stays inside the single market after it has left the EU, the BBC has learned.’

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BBC News, 28th November 2016

Source: www.bbc.co.uk

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Ofcom pushes ahead with legal separation of BT from Openreach – Daily Telegraph

Posted November 29th, 2016 in competition, EC law, internet, news, telecommunications by sally

‘Ofcom will order BT to legally separate from its Openreach network after the company failed to address “competition concerns” voluntarily.’

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Daily Telegraph, 29th November 2016

Source: www.telegraph.co.uk

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Attacks on Brexit judges are bad for democracy, says former law lord – The Guardian

Posted November 29th, 2016 in EC law, freedom of expression, judges, judiciary, news, referendums, speeches by sally

‘Harsh personal attacks on judges are bad for democracy and in danger of diminishing the independence of the judiciary, the former deputy president of the supreme court has warned.’

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The Guardian, 28th November 2016

Source: www.guardian.co.uk

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Further reforms are needed to strengthen the powers of English MPs, says study – Daily Telegraph

Posted November 28th, 2016 in devolution, EC law, news, parliament, referendums, veto by tracey

‘Further reforms are needed to strengthen the powers of English MPs in Westminster, a new study has found.’

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Daily Telegraph, 28th November 2016

Source: www.telegraph.co.uk

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UK government faces legal challenge over single market – The Guardian

Posted November 28th, 2016 in EC law, judicial review, markets, news, referendums by tracey

‘Theresa May’s government is facing a fresh legal challenge over whether it should seek to retain membership of the single market after Brexit. Lawyers will argue that June’s referendum asked the public a single question over whether the UK should leave the EU, and did not delve into the more complex issue of economic access.’

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The Guardian, 28th November 2016

Source: www.guardian.co.uk

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