Paying the Price of Love: Costs in Hague Cases – Family Law Week

Posted September 27th, 2016 in child abduction, civil procedure rules, costs, international courts, news, treaties by sally

‘Sarah Lucy Cooper, barrister of Thomas More Chambers, considers the circumstances in which a respondent might secure a costs order against an applicant in Hague Convention abduction proceedings.’

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Family Law Week, 21st September 2016

Source: www.familylawweek.co.uk

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In re W (Children) (Child Arrangements Orders: Non-molestation Orders) – WLR Daily

Posted September 21st, 2016 in children, custody, family courts, foreign jurisdictions, law reports, treaties by tracey

In re W (Children) (Child Arrangements Orders: Non-molestation Orders):[2016] EWHC 2226 (Fam)

‘The parties married in Russia in September 2010 and came to live in London in August 2014. In June 2016, following the breakdown of the marriage, the father issued applications in the High Court, inter alia, for orders under the court’s inherent powers to locate his step-son, A, aged ten and his son, J, aged two, a prohibited steps order preventing their removal from the jurisdiction and a request to the Russian Embassy and the British Passport Office that no further passports be issued until further order of the court. Location and passport orders were made and the children located. Meanwhile, on 19 July 2016 the mother sought and was granted an ex parte non-molestation order against the father by a district judge in the family court. The order stated that it was to endure until 19 July 2017 and that the order would be considered at a further hearing on a date to be fixed by the court officer on request by the respondent father. The father issued further applications in the family court for child arrangement orders in respect of the children.’

WLR Daily, 10th August 2016

Source: www.iclr.co.uk

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War remains inside the court room: jurisdiction under ECHR – UK Human Rights Blog

‘This is an extremely important judgment from the Court of Appeal on the reach of the ECHR into war zones, in this case Iraq. The CA, with the only judgment given by Lloyd Jones LJ, disagreed in part with Leggatt J.’

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UK Human Rights Blog, 11th September 2016

Source: www.ukhumanrightsblog.com

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A democratic defence of the European Court of Human Rights – OUP Blog

Posted September 12th, 2016 in constitutional reform, courts, human rights, news, treaties by sally

‘“Vote leave, take control” was the slogan of almost fiendish simplicity that helped win the Brexit referendum, masking the mendacity and absence of vision that underlay it. The impulses it captures—wresting sovereignty back from remote elites to Westminster, with its proud democratic tradition—echo those that have for years underpinned the opprobrium directed at the European Court of Human Rights in Strasbourg in British public debate.’

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OUP Blog, 12th September 2016

Source: www.blog.oup.com

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Know Your ECHR From Your UDHR… These Are The Key Documents Which Protect Our Human Rights – RightsInfo

Posted September 1st, 2016 in EC law, human rights, news, treaties, United Nations by sally

‘On 3 September 2016, the European Convention on Human Rights celebrates 63 years since coming into effect. To mark the anniversary, we are taking a look at the Convention and other powerful documents which protect our rights. How do they work and which, if any, is the most important?’

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RightsInfo, 31st August 2016

Source: www.rightsinfo.org

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Heaven or Hell? Brexit Legal Issues Analysed Through ‘Hotel California’ Lyrics – Littleton Chambers

‘This post sets out some of the legal issues arising after the referendum of 23 June 2016, taking a generous liberty with the interpretation of the lyrics of The Eagles’ song “Hotel California”.’

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Littleton Chambers, 12th August 2016

Source: www.littletonchambers.com

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The need for Parliament’s consent to trigger Art 50 is a matter of EU Law – Halsbury’s Law Exchange

Posted August 17th, 2016 in consent, EC law, news, parliament, referendums, treaties by sally

‘Paragraph 1 of Art 50 of the Treaty on European Union, governing voluntary withdrawal of a member state from the EU, reads: “Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements.” This right is followed in the next paragraph by an obligation: “A member state which decides to withdraw shall notify the European Council of its intention.” This contribution addresses a single hypothetical scenario, namely, one in which Theresa May triggers Art 50 without prior parliamentary approval, asking: If she did this, would she be acting illegally? Several legal commentators have now offered answers to this question, the majority in the affirmative, and last month a legal action began by which the claimants wish to enjoin May from so acting. Thus the judges will have the final say. But which judges?’

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Halsbury’s Law Exchange, 16th August 2016

Source: www.halsburyslawexchange.co.uk

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Brexit Briefing NO. 2 The implications for extradition – 6 KBW

Posted July 29th, 2016 in EC law, extradition, news, referendums, treaties, warrants by sally

‘This second paper examines the impact of the decision to withdraw from the EU on the UK’s current extradition arrangements, in particular the European Arrest Warrant (“EAW”) system. The focus of the paper is on the legal consequences that will follow from a decision to trigger the process of withdrawal under Article 50 of the Treaty on European Union, and possible alternatives to the current system of extradition that could be adopted in any post-EU legal system.’

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6 KBW, 13th July 2016

Source: www.6kbw.com

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Brexit and UK company law – OUP Blog

Posted July 19th, 2016 in company law, constitutional reform, EC law, news, treaties by sally

‘Most discussion relating to the referendum result has focussed on the effect that Brexit will have upon our constitutional arrangements or workers’ rights. This blog post will focus on the effect that Brexit will have upon the UK system of company law. Unfortunately, the current uncertainty regarding the terms on which the UK will leave the EU (if indeed it does) means that a definitive answer cannot be provided, but several principal possibilities can be advanced.’

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OUP Blog, 19th July 2016

Source: www.blog.oup.com

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Stephen Laws: Article 50 and the political constitution – UK Constitutional Law Association

Posted July 18th, 2016 in bills, constitutional law, news, parliament, referendums, treaties by sally

‘The only relevant question now left for the UK about the Art 50 notification is what needs to be done before it is given. It is politically inevitable that the referendum result will be accepted and the notification given, perhaps in January next year.’

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UK Constitutional Law Association, 18th July 2016

Source: www.ukconstitutionallaw.org

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Using Trident would be illegal, so let’s phase it out – The Guardian

Posted July 18th, 2016 in international law, news, nuclear weapons, treaties by sally

‘Nuclear doom is nearer than most of us believe, experts warn. Britain must set a moral lead by becoming the first of the ‘big five’ powers to reduce its arsenal

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The Guardian, 15th July 2016

Source: www.guardian.co.uk

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Brexit and Mrs Webb: Return of the sick man versus pregnant woman? – Cloisters

Posted July 12th, 2016 in EC law, employment, news, sex discrimination, treaties by sally

‘The EU widened the scope of protection against gender discrimination considerably. Advancements have included protection relating to equal pay, paid time off for antenatal appointments, pregnancy discrimination, parental leave and urgent time off for family reasons, paid maternity leave and the right to equal treatment for part-time, fixed-term and agency workers.’

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Cloisters, 22nd June 2016

Source: www.cloisters.com

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Anthony Korn Examines the Potential Implications of Brexit on Employment Law – No. 5 Chambers

Posted July 12th, 2016 in EC law, employment, news, referendums, treaties by sally

‘One area of law where Brexit may have an impact is employment law.’

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No. 5 Chambers, 1st July 2016

Source: www.no5.com

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Brexit: What should EEA and EU nationals and their family members do now? – Free Movement

‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’

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Free Movement, 12th July 2016

Source: www.freemovement.org.uk

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Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association

‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’

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UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

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Robert Craig: Triggering Article 50 Does not Require Fresh Legislation – UK Constitutional Law Association

‘Considerable public interest has recently been focused on the ‘trigger’ mechanism for exit from the EU which is set out in Article 50 of the Lisbon Treaty. Expert opinion has divided between those who believe that the power to trigger Article 50 rests with the Executive using the legal authority of the royal prerogative from the Crown with no further parliamentary involvement necessary and those who argue that fresh legislation is required to confer statutory authorisation on the Executive to do something which could render nugatory rights under the European Communities Act 1972 (‘ECA’). An ingenious third way involving section 2(2) of the ECA has also been suggested.’

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UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

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First legal attempt to prevent Brexit set for preliminary hearing – The Guardian

‘The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard later this month.’

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The Guardian, 8th July 2016

Source: www.guardian.co.uk

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Thomas Fairclough: Article 50 and the Royal Prerogative – UK Constitutional Law Association

Posted July 11th, 2016 in constitutional law, EC law, news, referendums, royal prerogative, treaties by sally

‘This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 TEU and through the notifying of the European Council of such a decision trigger the two year time limited formal withdrawal negotiations? Nick Barber, Tom Hickman, and Jeff King have argued valiantly that it will be Parliament who has to “pull the Article 50 trigger”. This piece will analyse their arguments and suggest that, contrary to their conclusions, it is the Government, under the Royal Prerogative, that has legal authority to start the Article 50 process.’

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UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

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Jonathan Morgan: A Brexit General Election? – UK Constitutional Law Association

Posted July 11th, 2016 in constitutional law, EC law, elections, news, referendums, treaties by sally

‘Alea jacta est said Caesar, having crossed the Rubicon and burned his bridges. The Brexit referendum appears equally momentous and irreversible. But is it? There have been calls for Parliament simply to ignore the outcome. A fresh general election should be called to resolve the mounting constitutional crisis.’

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UK Constitutional Law Association, 9th July 2016

Source: www.ukconstitutionallaw.org

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In full: The letter from 1,000 lawyers to David Cameron over EU Referendum – The Independent

Posted July 11th, 2016 in barristers, EC law, news, referendums, treaties by sally

‘More than 1,000 lawyers have signed a letter addressed to Prime Minister David Cameron saying the EU referendum result is merely “advisory” and not legally binding.’

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The Independent, 11th July 2016

Source: www.independent.co.uk

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