Finance and Divorce Update, January 2017 – Family Law Week

Posted January 17th, 2017 in divorce, EC law, families, financial provision, legal aid, legal services, news by tracey

‘Claire Molyneux, Senior Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during December 2016.’

Full story

Family Law Week, 12th January 2017

Source: www.familylawweek.co.uk

Comments Off on Finance and Divorce Update, January 2017 – Family Law Week

How an EU gender equality ruling widened inequality – The Guardian

Posted January 16th, 2017 in EC law, equality, insurance, news, sex discrimination by sally

‘It said car insurance firms couldn’t discriminate between the sexes … since then men have seen a four-fold rise in premiums.’

Full story

The Guardian, 14th January 2017

Source: www.guardian.co.uk

Comments Off on How an EU gender equality ruling widened inequality – The Guardian

Southern rail operator appeals to supreme court to block drivers’ strikes – The Guardian

Posted January 12th, 2017 in appeals, EC law, industrial action, news, railways, Supreme Court, trade unions, transport by tracey

‘Govia Thameslink Railway is taking a legal case against drivers’ union Aslef to the supreme court over its industrial action on Southern rail.’

Full story

The Guardian, 11th January 2017

Source: www.guardian.co.uk

Comments Off on Southern rail operator appeals to supreme court to block drivers’ strikes – The Guardian

A ‘Poke’ in the Eye for Claims against Facebook – Panopticon

‘The “internet has not alone changed our lives but it has also changed our vocabulary. A tablet is no longer made of stone, a bit does not help guide a horse and a cookie is more likely to affect your privacy than alleviate the pangs of hunger between meals!” A lengthy Christmas cracker joke? No, the observations – in excellent ‘Dad-joke’ style – of the Northern Ireland Court of Appeal in CG v Facebook Ireland Ltd & McCloskey (MOR10142) (Morgan LCJ, Gillen & Weatherup LJJ) at [54].’

Full story

Panopticon, 6th January 2017

Source: www.panopticonblog.com

Comments Off on A ‘Poke’ in the Eye for Claims against Facebook – Panopticon

Bar Chairman: Government must protect UK legal services’ strength in Brexit process – The Bar council

Posted December 21st, 2016 in EC law, legal services, press releases, statistics by tracey

‘Bar Council responds to new report from TheCityUK on value of legal services.’

Full press release

The impact of Brexit on the UK-based legal services sector

The Bar Council, 20th December 2016

Source: www.barcouncil.org.uk

Comments Off on Bar Chairman: Government must protect UK legal services’ strength in Brexit process – The Bar council

Deciphering Article 50 – Brexit means… podcast – The Guardian

Posted December 20th, 2016 in EC law, news, treaties by sally

‘Jon Henley is joined by Jolyon Maugham, Philip Syrpis, Jennifer Rankin and Owen Bowcott to discuss the legal challenges to the government’s use of Article 50, and how the EU will interpret the Lisbon Treaty’s exit mechanism in the coming negotiations.’

Podcast

The Guardian, 20th December 2016

Source: www.guardian.co.uk

Comments Off on Deciphering Article 50 – Brexit means… podcast – The Guardian

Data use rules set to be loosened under new EU e-Privacy laws, report says – OUT-LAW.com

Posted December 14th, 2016 in data protection, EC law, news, telecommunications by sally

‘New EU laws set to be proposed in January will give telecoms companies more options over how they might use data they gather that relates to customers’ communications, according to a media report.’

Full story

OUT-LAW.com, 13th December 2016

Source: www.out-law.com

Comments Off on Data use rules set to be loosened under new EU e-Privacy laws, report says – OUT-LAW.com

David Howarth: On Parliamentary Silence – UK Constitutional Law Association

Posted December 13th, 2016 in constitutional law, EC law, news, parliament, referendums, royal prerogative, treaties by sally

‘One of the most striking aspects of the arguments of counsel in Miller, as Rachel Jones has pointed out, was how much the disagreement between the parties focussed on the meaning of silence. The government’s case boiled down to an assertion that silence on the issue of whether legislation was needed to invoke Article 50 of the Treaty of European Union in a succession of statutes – the European Communities Act 1972, the Referendum Act 1975, the European Union (Amendment) Act 2008, the European Union Act 2011 and the European Union Referendum Act 2015 – should be interpreted as parliament intending that the government was permitted to use the prerogative to invoke Article 50. For example, counsel for the government repeatedly argued that because some of these statutes, especially the 2008 and 2011 Acts, put restrictions on the exercise of the government’s foreign affairs prerogative power, it must follow that those statutes mean that other aspects of the prerogative must have been intended to have been left unfettered. Expressio unius exclusio alterius. On the other side, the applicants argued that parliament’s silence, especially in the 1972 Act, meant that it intended a specific pre-existing rule to apply, namely the rule that ministers could not use the prerogative, and in particular the foreign affairs prerogative, to change the law. They also argued that parliament’s subsequent silence in the other statutes confirmed that original choice.’

Full story

UK Constitutional Law Association, 13th December 2016

Source: www.ukconstitutionallaw.org

Comments Off on David Howarth: On Parliamentary Silence – UK Constitutional Law Association

Bar Council on Brexit: UK lawyers could lose “vast amount of work” – Legal Futures

Posted December 13th, 2016 in barristers, EC law, legal profession, news, treaties by sally

‘A “vast amount” of complex and lucrative international commercial work could be lost by UK lawyers if they are denied access to the EU legal services market as a result of Brexit, the Bar Council has warned.’

Full story

Legal Futures, 13th December 2016

Source: www.legalfutures.co.uk

Comments Off on Bar Council on Brexit: UK lawyers could lose “vast amount of work” – Legal Futures

A nation divided? – New Law Journal

Posted December 12th, 2016 in appeals, EC law, news, Scotland, Supreme Court, treaties by sally

‘Could the Sewel Convention scupper Brexit, asks Michael Zander QC.’

Full story

New Law Journal, 8th December 2016

Source: www.newlawjournal.co.uk

Comments Off on A nation divided? – New Law Journal

Rachel Jones: The Importance of Silences in the “Brexit” Appeals – UK Constitutional Law Association

‘Statutory silences are crucial to both sides. For Ms Miller, Lord Pannick contends that Parliament’s silence in the EU Referendum Act 2015 means that the Executive is not empowered to start the Article 50 process. Mr Eadie for the Government relies on the same silence for the diametrically opposed position.’

Full story

UL Constitutional Law Association, 7th December 2016

Source: www.ukconstitutionallaw.org

Comments Off on Rachel Jones: The Importance of Silences in the “Brexit” Appeals – UK Constitutional Law Association

Tougher rules threaten to choke off Ukip’s EU funding – The Guardian

Posted December 12th, 2016 in EC law, expenses, news, political parties by sally

‘Ukip and its allies will from now on be asked to provide bank guarantees in order to unlock a lucrative tranche of EU funds, the Guardian has learned.’

Full story

The Guardian, 9th December 2016

Source: www.guardian.co.uk

Comments Off on Tougher rules threaten to choke off Ukip’s EU funding – The Guardian

Theresa May faces new Brexit legal challenge – Daily Telegraph

Posted December 12th, 2016 in constitutional law, EC law, judicial review, news, Supreme Court, treaties, veto by sally

‘Theresa May faces a new challenge to her bid to start the process to take Britain out of the European Union after it emerged that opponents plan to launch a fresh legal action on Monday.’

Full story

Daily Telegraph, 11th December 2016

Source: www.telegraph.co.uk

Comments Off on Theresa May faces new Brexit legal challenge – Daily Telegraph

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.’

Full story

Counsel, December 2016

Source: www.counselmagazine.co.uk

Comments Off on Brave new world – Counsel

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.’

Full story

The Guardian, 8th December 2016

Source: www.guardian.co.uk

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

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.’

Full story

The Guardian, 8th December 2016

Source: www.guardian.co.uk

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

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.’

Full story

UK Constitutional Law Association, 5th December 2016

Source: www.ukconstitutionallaw.org

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

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.’

Full story

The Guardian, 5th December 2016

Source: www.guardian.co.uk

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

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.’

Full story

Technology Law Update, 2nd December 2016

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

Comments Off on Drones – the key legal issues – Technology Law Update

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.’

Full story

The Independent, 4th December 2016

Source: www.independent.co.uk

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