EP 125: Transition towards Brexit in December 2020 – Law Pod UK

Posted September 21st, 2020 in bills, brexit, news, podcasts by sally

‘Professor Catherine Barnard discusses the difficulties to be overcome in the negotiations and the challenges presented by border issues as Parliament debates the Internal Market Bill.’

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Law Pod UK, 21st September 2020

Source: audioboom.com

Brexit: barristers question selection of legal team leading UK drive to override deal – The Guardian

Posted September 16th, 2020 in attorney general, barristers, bills, brexit, EC law, government departments, news by michael

‘The government is facing increasing scrutiny over its decision to use “committed Brexiteer” lawyers to provide advice on the legality of breaching the EU withdrawal agreement.’

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The Guardian, 15th September 2020

Source: www.theguardian.com

Kenneth Armstrong: Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill.’

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UK Constitutional Law Association, 9th September 2020

Source: ukconstitutionallaw.org

Senior government lawyer quits over Brexit plans – BBC News

‘The government’s most senior lawyer is to quit his post over plans which could modify the Brexit withdrawal agreement.’

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BBC News, 8th September 2020

Source: www.bbc.co.uk

Government pledges post-Brexit qualifications recognition – Legal Futures

‘The UK government will put in place a temporary system to recognise the professional qualifications of EU lawyers post 1 January 2021 if no agreement is reached before Brexit, it has confirmed.’

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Legal Futures, 28th August 2020

Source: www.legalfutures.co.uk

Against the law: why judges are under attack, by the Secret Barrister – The Guardian

‘Branded “enemies of the people” by the media and falsely accused of taking sides in Brexit by Conservative ministers, the judiciary is under threat – as is democracy.’

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The Guardian, 22nd August 2020

Source: www.theguardian.com

Law Society warns of “havoc” if courts depart from EU law – Litigation Futures

Posted August 20th, 2020 in brexit, consultations, EC law, news, precedent, Supreme Court by sally

‘The Law Society has warned of “legal havoc” if the High Court and Court of Appeal, as well as the Supreme Court, are allowed to depart from EU case law after the Brexit transition period.’

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Litigation Futures, 18th August 2020

Source: www.litigationfutures.com

Naturalisation for EU citizens: comprehensive sickness insurance, the elephant in the room – EIN Blog

Posted August 19th, 2020 in brexit, citizenship, EC law, health, immigration, insurance, news by sally

‘As we head towards the end of the UK’s Brexit implementation period on 31 December 2020, the thoughts of many EU nationals (here I use the term to include EEA & Swiss citizens too) who have lived, studied and worked in this country, often for many years, are turning to becoming British.’

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EIN Blog, 19th August 2020

Source: www.ein.org.uk

New immigration system – key points for the life sciences and technology sectors – Technology Law Update

Posted August 11th, 2020 in brexit, EC law, freedom of movement, immigration, news, visas by sally

‘The Government has published further details about the new immigration system that is due to be implemented from 1 January 2021. The Further Details statement builds on the policy statement that was issued in February 2020. European freedom of movement will end on 31 December 2020 and the new system will apply to all European and non-European applicants.’

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Technology Law Update, 10th August 2020

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

Enforcing the Novel Food regime – Part 1: Overview and Rationale – 3PB

‘This short series of bitesize articles will take a deeper look into the enforcement of the Novel Food regime and seek to identify and breakdown the powers made available to those agencies (typically local authorities), who are tasked with securing compliance.’

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3PB, 21st July 2020

Source: www.3pb.co.uk

Christopher McCorkindale, Aileen McHarg and Tom Mullen: The Continuity Bill is Dead; Long Live the Continuity Bill – Regulatory Alignment and Divergence in Scotland Post-Brexit – UK Constitutional Law Association

Posted July 30th, 2020 in bills, brexit, devolution, EC law, news, Scotland by sally

‘Readers of this blog will be aware of the dispute between the Scottish and UK Governments over who should legislate in areas hitherto covered by EU law after Brexit (or more accurately after the end of the post-withdrawal Implementation Period). That dispute saw the Scottish Parliament enact its own Continuity Bill intended as an alternative to the European Union (Withdrawal) Act 2018 (EUWA). That Bill – the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (the “first Continuity Bill”) (discussed here and here) – was subsequently referred to the Supreme Court and held to be outwith devolved competence so far as it conflicted with the EUWA (discussed here). Although some provisions of the Bill survived the Supreme Court reference, the Scottish Government decided not to proceed with Bill, but undertook to bring back the remaining provisions on a future occasion.’

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UK Constitutional Law Associations, 30th July 2020

Source: ukconstitutionallaw.org

Kate Ollerenshaw: Retained EU Case Law: A Fourth Option – UK Constitutional Law Association

Posted July 28th, 2020 in brexit, EC law, news, precedent, Privy Council, Supreme Court by sally

‘The Ministry of Justice issued a consultation paper on Retained EU Case Law on 2 July 2020, seeking views on the exercise of the powers contained within Section 6(5A) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”) that were inserted by Section 26(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”). These powers allow the Government, inter alia, to designate additional courts and Tribunals (over and above those already given the power via Section 6(4) of the 2018 Act) as having the ability to depart from retained EU case law.’

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UK Constitutional Law Association, 27th July 2020

Source: ukconstitutionallaw.org

EP 120: Catherine Barnard on next steps toward Brexit – Law Pod UK

Posted July 17th, 2020 in brexit, news, podcasts by sally

‘In the latest instalment of her @2903 cb podcast series Catherine Barnard, Professor of EU Employment Law at the University of Cambridge and a Senior Fellow of the UK in a Changing Europe tells her listeners what to look out for next and what could end the present gridlock in the ongoing negotiations.’

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Law Pod UK, 15th July 2020

Source: audioboom.com

EU citizens will be deported for minor offences under Priti Patel’s post-Brexit immigration crackdown, lawyer warns – The Independent

‘EU citizens will be deported for minor offences under Priti Patel’s post-Brexit immigration crackdown, despite having permission to stay, a leading lawyer has warned.’

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The Independent, 14th July 2020

Source: www.independent.co.uk

High Court could get power to depart from EU case law – Litigation Futures

Posted July 10th, 2020 in brexit, consultations, courts, EC law, Ministry of Justice, news by sally

‘The Ministry of Justice (MoJ) is considering whether to allow the High Court as well as the Court of Appeal to depart from European Union case law from next year.’

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Litigation Futures, 9th July 2020

Source: www.litigationfutures.com

Lord chancellor seeks views on post-Brexit court powers – Law Society’s Gazette

Posted July 6th, 2020 in brexit, courts, EC law, lord chancellor, Ministry of Justice, news by sally

‘The Ministry of Justice is seeking lawyers’ views on which British courts should have the power to depart from retained EU case law after the Brexit transition period ends.’

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Law Society's Gazette, 2nd July 2020

Source: www.lawgazette.co.uk

Rights of UK citizens in EU at risk as member states’ legislation not yet in place – The Guardian

Posted July 1st, 2020 in brexit, EC law, freedom of movement, news by sally

‘British citizens living in the EU may face significant work and travel hurdles from next year because member states have failed to get to grips with the impact of Brexit on their rights, MPs have been told.’

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The Guardian, 30th June 2020

Source: www.theguardian.com

Gregory Davies and Dan Wincott: Brexit, the press and the territorial constitution – UK Constitutional Law Association

Posted June 11th, 2020 in brexit, constitutional law, devolution, media, news by sally

‘In the early years of devolution, Feldman described constitutional discourse in the UK as ‘a sea of conflicting visions’. More than a decade later, Brexit and now Covid-19 remind us again just how differently the UK is understood.’

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UK Constitutional Law Association, 10th June 2020

Source: ukconstitutionallaw.org

The new Immigration Bill-could it cause another Windrush Scandal? – Doughty Street Chambers

Posted June 5th, 2020 in bills, brexit, chambers articles, immigration, news by sally

‘This week the House of Commons heard the second reading of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2020 (the Immigration Bill), and given the Government’s majority it is likely to become law unamended. The Explanatory Notes of the Bill set out inter alia the Government’s intention to deliver, following the end of EU free movement, a “new points-based immigration system to attract the brightest and best talent from around the world” from 1st January 2021. On the face of it, this is a legitimate aim, but what could be the possible implications for immigrants currently living and working in the UK? An important report that understandably did not receive much media attention when it was published on the 19th March 2020, is the Windrush, Lessons Learned Review (the Review), the independent assessment of the events leading up to the Windrush Scandal. One needs to recollect that, as the Review notes, the Windrush Scandal affected “hundreds, and possibly thousands of people, directly or indirectly”, including at least 83 people who were unlawfully removed. Many of those affected were working in so-called lower-skilled occupations, in the NHS, in public transport and in adult social care. The Review provides 30 recommendations for change and improvement within the Home Office in order to avoid a repetition of the Windrush Scandal, which it recommends should be implemented in full. A formal response to the Review, including the recommendations, was accepted by the Home Secretary to be given within six months, including the asking of “difficult questions needed to ensure that these circumstances can never arise again”.’

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Doughty Street Chambers, 27th May 2020

Source: insights.doughtystreet.co.uk

COVID-19, Vaccines, BREXIT and Vaccine Damage Claims – Henderson Chambers

Posted June 2nd, 2020 in brexit, coronavirus, damages, medicines, news, personal injuries by sally

‘There is currently an enormous international effort in progress to invent, test and obtain regulatory approval for a COVID-19 vaccine (or more accurately, a vaccine against SARS-CoV-2, the underlying virus). It is right to consider now, how such a vaccine will get regulatory approval, how such approval might be affected by BREXIT, and if no-fault vaccine damage schemes may apply to any such novel vaccine.’

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Henderson Chambers, 18th May 2020

Source: www.hendersonchambers.co.uk