Article 50 is actually reversible, author of the Brexit treaty clause says – The Independent

Posted February 22nd, 2017 in amendments, bills, EC law, news, parliament, treaties by sally

‘The author of Article 50 has ridiculed the Government’s claim that the treaty clause cannot be stopped after it is triggered.’

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The Independent, 22nd February 2017

Source: www.independent.co.uk

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Miller, BrEXIT and BreUK-up – Counsel

‘The Supreme Court’s treatment of the devolution issues in Miller is troubling, argues Aidan O’Neill QC, who examines the UK’s complex multi-national constitutional history and potential impact on the devolved political constitution.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

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What will the Lords do with the Article 50 bill? – UCL Constitution Unit

Posted February 21st, 2017 in bills, EC law, news, parliament, treaties by sally

‘The bill authorising the Prime Minister to trigger Article 50, enabling the UK to leave the EU, has cleared the Commons. It begins its consideration in the Lords today. In this post Lords expert Meg Russell discusses how the second chamber is likely to treat the bill. She suggests that this illustrates important dynamics between Lords and Commons, which are often disappointingly misunderstood both in the media and inside government.’

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UCL Constitution Unit, 20th February 2017

Source: www.constitution-unit.com

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Secession from the European Union and Private International Law: The Cloud with a Silver Lining – Blackstone Chambers

Posted February 21st, 2017 in EC law, international law, legislation, news, regulations, speeches, treaties by sally

‘In the last six months there have been lectures, seminars, evidence-givingsand-takings, reports issued, all over town, in which the future of commercial litigation in England has been discussed. It may not be completely true that these have as their object the utter immiseration of everyone within earshot, but that does appear to be the principal effect. Those who, like me, do not seem to be invited to such gatherings are at liberty to see things rather differently. We have a once-in-a generation opportunity to compare the rules of private international law which we currently have with what we might instead have, and to take stock. When that is done, the path ahead will be seen to be rather clearer and brighter than some others would tell you it is. One certainly hears people suggesting that secession from the European Union is going to have a damaging effect, but for our private international law the truth may well be otherwise. And while the need to deal with these tasks may be an un-looked-for interruption to normal work, for some of us the chance to ask questions challenges us to think about what we would like our rules of private international law to say. My conclusion will be that less will change than most seem to suppose (or, in some cases, seem to hope for). There will be minor changes, certainly, but need be nothing major; and if anything major does change, it will not be a change for the worse. In short, though I am very fearful of sounding like the Daily Mail in human form, private international law has no cause for alarm. I should perhaps say that a fuller and footnoted version of this paper will be available from the Combar website if anyone is interested.’

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Blackstone Chambers, 24th January 2017

Source: www.blackstonechambers.com

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Triggering Article 50 TEU: A Positive Result for the Government? By Prof Erika Szyszczak – Littleton Chambers

Posted February 20th, 2017 in EC law, news, referendums, Supreme Court, treaties by sally

‘It is a monumental decision for a Member State to leave the European Union, not least when it will have a major impact on the economic, political and social future, not only of the exiting Member State, but also of the global trading regime. It is thus befitting that on 24 January 2017 the Supreme Court came of age by delivering one of its most important rulings, on the nature and future shape of the UK constitution. What started as a case concerning acquired rights became a wider ranging analysis of the role of the executive vis-a-vis Parliament. As befits a monumental constitutional decision, taking place in the digital age, the responses to the ruling have been prolific and focused upon the constitutional dimension to the litigation.’

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Littleton Chambers, 27th January 2017

Source: www.littletonchambers.com

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Lords’ opposition leader says peers will not seek to delay article 50 – The Guardian

Posted February 20th, 2017 in amendments, bills, EC law, news, parliament, treaties by sally

‘Opposition peers will not seek to wreck the government’s timetable for triggering article 50 when the Brexit bill comes before them on Monday, Labour’s leader in the House of Lords has said.’

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The Guardian, 20th February 2017

Source: www.guardian.co.uk

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TIME SHARE TEST CASE REVIEWED – Park Square Barristers

Posted February 20th, 2017 in contracts, EC law, misrepresentation, news by sally

‘When I first started to move from the research to active case work in respect of timeshare litigation last year, I found that the Opinions which I had to write were extremely long and extremely challenging. In fact, the first two written Opinions exceeded 14,000 words each. If nothing else, the recent long awaited decision in Abbott v RCI Europe (“Abbott”) confirmed that I had not been guilty of narcissistic prolixity.’

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Park Square Barristers, 11th January 2017

Source: www.parksquarebarristers.co.uk

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Robots might have ‘electronic persons’ status under future EU laws – OUT-LAW.com

Posted February 20th, 2017 in computer programs, EC law, news, strict liability by sally

‘Advanced robots of the future could be given their own legal status under plans MEPs have asked EU policy makers to consider.’

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OUT-LAW.com, 20th February 2017

Source: www.out-law.com

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Can the article 50 bill be substantially altered or delayed by the House of Lords? – The Guardian

Posted February 20th, 2017 in amendments, bills, EC law, news, parliament, treaties by sally

‘The bill to trigger Brexit moves to the Lords next week, and a flurry of new amendments will be introduced. This could lead to the bill ping-ponging between the two Houses, and a high-stakes battle of wills.’

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The Guardian, 17th February 2017

Source: www.guardian.co.uk

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EU citizens living in the UK could face legal limbo after Brexit – The Guardian

Posted February 20th, 2017 in diplomats, documents, EC law, identification, immigration, news, treaties by sally

‘The EU fears millions of its nationals living in the UK will be left stranded in a legal no man’s land after the country leaves the EU because of the weaknesses of the British immigration system, a document obtained by the Observer reveals.’

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The Guardian, 18th February 2017

Source: www.guardian.co.uk

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Home Office agrees to review asylum claims of child refugees in France – The Guardian

Posted February 20th, 2017 in asylum, children, EC law, France, government departments, immigration, news, refugees by sally

‘The Home Office has agreed to review asylum applications from child refugees in France after it emerged that several had returned to the site of the former Calais camp in a renewed effort to make the crossing to the UK.’

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The Guardian, 19th February 2017

Source: www.guardian.co.uk

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Brexit & currency flip-flops in court – New Law Journal

Posted February 17th, 2017 in costs, EC law, news, referendums by sally

‘Francis Kendall considers the impact of the falling pound on costs awards to European litigants.’

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New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

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Insurance surgery: liability & multi-party accidents abroad – New Law Journal

Posted February 17th, 2017 in accidents, conflict of laws, EC law, insurance, news, personal injuries by sally

‘The Court of Appeal has provided welcome clarity on determining which laws should apply in cross-border cases, says Kelvin Farmaner.’

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New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

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The legal landscape on cybersecurity is changing with stiffer fines for breaches on the way, says expert – OUT-LAW.com

Posted February 17th, 2017 in data protection, EC law, fines, news, notification by sally

‘Organisations face stiffer obligations on the security measures they must put in place to prevent their systems and data being compromised as well as new duties to disclose major incidents or breaches they experience.’

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OUT-LAW.com, 16th February 2017

Source: www.out-law.com

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Post-Brexit on the pistes: winter sports and EU law – Law Society’s Gazette

‘Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.’

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Law Society’s Gazette, 14th February 2017

Source: www.lawgazette.co.uk

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“Our legal services will stay on top”, minister declares in face of growing threat of competition post-Brexit – Legal Futures

Posted February 15th, 2017 in competition, EC law, legal services, news, referendums by sally

‘Justice minister Sir Oliver Heald has struck a bullish tone of defiance in response to concerns that Germany and the Netherlands are creating English-language commercial courts to compete with the UK for disputes post Brexit.’

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Legal Futures, 13th February 2017

Source: www.legalfutures.co.uk

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Tobias Lock and Tom Gerald Daly: Brexit and the British Bill of Rights: Capturing Constitutional Complexity – UK Constitutional Law Association

Posted February 15th, 2017 in EC law, human rights, news, referendums by sally

‘Euroscepticism – usually framed as an argument from national sovereignty – was an important driving force behind Brexit, but also serves as a key motivator behind efforts to reform domestic human rights law. Calls to ‘scrap the Human Rights Act’ (HRA) and to replace it with a British Bill of Rights (BBR) are usually accompanied by calls to curtail the power of the European Court of Human Rights and to make British judges the ultimate arbiter in human rights matters (again). The connections between Brexit and human rights reform are not confined to these common ideological roots, however. Brexit has profound consequences for human rights reform in both substantive and procedural terms. These are the findings of a new research paper edited by the authors of this blog post and based on the proceedings of a workshop held at Edinburgh Law School in the autumn of last year.’

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UK Constitutional Law Association, 13th February 2017

Source: www.ukconstitutionallaw.org

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Brexit and implications for UK Merger Control – Part 2/3: Implications for the CMA’s workload and what not to do – Competition Bulletin from Blackstone Chambers

Posted February 15th, 2017 in competition, EC law, mergers, news, referendums by sally

‘The Competition Bulletin is pleased to welcome the second in a three-part series of blogs on Brexit and merger control by Ben Forbes and Mat Hughes of AlixPartners. Ben and Mat are (with others) co-authors of the new Sweet & Maxwell book, “UK Merger Control: Law and Practice”.’

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Competition Bulletin from Blackstone Chambers, 10th February 2017

Source: www.competitionbulletin.com

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‘Record hate crimes’ after EU referendum – BBC News

Posted February 15th, 2017 in EC law, hate crime, news, referendums, statistics by sally

‘A majority of police forces in England and Wales saw record levels of hate crimes in the first full three months following the EU referendum, according to new analysis.’

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BBC News, 15th February 2017

Source: www.bbc.co.uk

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David Scott: Miller, Sewel, and the Human Rights Act – UK Constitutional Law Association

Posted February 13th, 2017 in devolution, EC law, human rights, news, Supreme Court, treaties by sally

‘Many celebrated Miller’s outcome, imposing a Parliamentary “brake” (however brief) on the triggering of Article 50. But the Supreme Court’s unanimous agreement on the devolution issues [129–151 for the majority; agreement in the dissents at 242, 243, and 282] may have weakened opposition to the Government’s “other” crusade—against the European Court of Human Rights.’

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UK Constitutional Law Association, 8th February 2017

Source: www.ukconstitutionallaw.org

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