The UK and the ECHR After Brexit: The Challenge of Immigration Control – EIN Blog

Posted March 15th, 2024 in asylum, brexit, EC law, human rights, immigration, news by sally

‘This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (ECHR) and evaluates the challenges that the UK’s moving away from ECHR compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the ECHR in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the ECHR with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.’

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EIN Blog, 14th March 2024

Source: www.ein.org.uk

Court of appeal decides the secretary of state is wrong, wrong, wrong: the charter applies to people with pre-settled status – Journal of Social Welfare and Family Law

‘Previously in the saga of benefits and pre-settled status (PSS – the status awarded to EU nationals and their family members covered by the Withdrawal Agreement if they have been in the UK less than 5 years), the UK government introduced regulations in 2019 stipulating that PSS awarded under the EU Settlement Scheme was not a sufficient right to reside for EU nationals to pass the habitual residence test when claiming many benefits. These regulations were challenged on the basis that they were discriminatory on the grounds of nationality, and while the Court of Appeal (COA) agreed in Fratila v SSWP [2020] EWCA Civ 1741, the Court of Justice of the European Union (CJEU) found in CG that people with PSS were not protected from nationality discrimination (Case C-709/20 CG v The Department for Communities in Northern Ireland EU:C:2021:602).’

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Journal of Social Welfare and Family Law, 8th March 2024

Source: www.tandfonline.com

Italian man removed from UK despite post-Brexit Home Office certificate – The Guardian

Posted February 9th, 2024 in brexit, coronavirus, deportation, government departments, immigration, news by michael

‘An Italian man has been removed from the UK despite holding a Home Office certificate explicitly stating he has a right to travel in and out of the country while officials process his application to live and work in the country post-Brexit.’

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The Guardian, 8th February 2024

Source: www.theguardian.com

Portuguese man who has lived legally in UK since 2001 faces deportation – The Guardian

Posted February 6th, 2024 in brexit, deportation, disabled persons, identity cards, immigration, news, time limits by tracey

‘The Home Office has threatened a Portuguese plumber who has lived legally in the UK for more than 20 years with deportation after he struggled with his application to remain in the country.’

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The Guardian, 4th February 2024

Source: www.theguardian.com

Brian Christopher Jones: Nigel Farage and the UK Constitution – UK Constitutional Law Association

Posted February 5th, 2024 in brexit, constitutional law, news by sally

‘The upheaval of the UK constitution from 2016 onwards has been associated with a host of individuals, from David Cameron to Boris Johnson to Dominic Cummings, who have received the significant bulk of academic attention in recent years. And yet, another individual has had a substantial impact upon the UK constitution during this time: Nigel Farage. But his impact has not been as direct as other constitutional actors, and has often been scorned, sidelined, or generally undocumented. I can find only passing mentions of Farage on this blog, in addition to other major blogs on the UK constitution. Most of the articles mentioning him do so fleetingly, casting him in a negative light in relation to populism and his influence on Brexit (although some take a slightly more nuanced look). And yet, controversial though he is, Mr Farage deserves more attention. Although it may be easy to discount Farage as a fringe politician that has never held domestic political office, some of the issues and challenges his involvement in politics has brought forward go to the heart of the UK’s constitutional system.’

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UK Constitutional Law Association, February 2024

Source: ukconstitutionallaw.org

Kenneth Armstrong: The First Statutory Report on Retained EU Law – UK Constitutional Law Association

Posted February 1st, 2024 in brexit, EC law, news, reports, statute law revision by sally

‘Successive UK Governments have promised to regulate less, better or smarter to promote economic growth and competitiveness while protecting consumers, workers and the environment. Relatively low visibility reviews and reports – recast and relaunched over time – have belied the public politics of “burning red tape”. But as the fireworks faded over Westminster as 2024 began, you could be forgiven for thinking that the lingering smoke was from the incineration of swathes of regulation produced during EU membership and revoked by the Retained EU Law (Revocation and Reform) Act 2023. Quite how big this bonfire really is, and how much is smoke and mirrors, is quantified in the first six-monthly statutory report to Parliament under section 17 of the Act and published on 22 January 2024. This post examines what we do and do not learn from this report about what is really changing in UK regulatory policy.’

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UK Constitutional Law Association, 29th January 2024

Source: ukconstitutionallaw.org

Trade mark ruling ‘first’ showing UK divergence from EU law post-Brexit – OUT-LAW.com

Posted January 19th, 2024 in appeals, brexit, EC law, intellectual property, news, time limits, trade marks by sally

‘A recent Court of Appeal ruling on trade mark infringement is the first clear example of a UK court consciously deciding to depart from a judgment of the Court of Justice of the EU (CJEU)after Brexit, an expert has said.’

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OUT-LAW.com, 18th January 2024

Source: www.pinsentmasons.com

UK citizens and businesses to be spared time and money on cross-border legal disputes – Ministry of Justice

‘Firms caught up in endless international legal disputes will be spared time and money thanks to Ministers signing up to the 2019 Hague Convention today (12 January 2024).’

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Ministry of Justice, 12th January 2024

Source: www.gov.uk

‘Significant step forward’ as Hague Convention signed – Law Society’s Gazette

‘The UK’s appeal to businesses as a centre for dispute resolution will be boosted by the signing of the 2019 Hague Convention on private international law, the government said today. The treaty, signed in the Netherlands by justice minister Lord Bellamy this week, creates international framework of rules for recognition and enforcement of judgments in cross-border civil disputes.’

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Law Society's Gazette, 12th January 2024

Source: www.lawgazette.co.uk

Trade Marks – Industrial Cleaning Equipment (Southampton) Ltd. v Intelligent Cleaning Equipment Holdings Co. Ltd. and another – NIPC Law

Posted January 9th, 2024 in brexit, EC law, limitations, news, precedent, trade marks by tracey

‘This was an appeal by Intelligent Cleaning Equipment Holdings Co Ltd. (“Intelligent”) and Killis Ltd. (“Killis”) against the order of Her Honour Judge Melissa Clarke of 23 March 2023 granting Industrial Cleaning Equipment (Southampton) Ltd. (“Industrial”) relief against Intelligent and Killis from trade mark infringement and dismissing their counterclaim for the reasons set out in her judgment in Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd [2023] EWHC 411 (IPEC) (27 Feb 2023).’

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NIPC Law, 4th January 2024

Source: nipclaw.blogspot.com

Get Up to Speed – What You Need to Know in Summary About the Upcoming Amendments to the Equality Act 2010 – Pump Court Chambers

Posted January 3rd, 2024 in brexit, chambers articles, EC law, equality, news by sally

‘The Equality Act (“EqA”) 2010 (Amendment) Regulations 2023 (“the Regulations”) will amend the EqA 2010 to protect certain rights against discrimination derived from EU law, so they are not lost by the Retained EU Law (Revocation and Reform) Act 2023.’

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Pump Court Chambers, 10th November 2023

Source: www.pumpcourtchambers.com

James Dyson loses libel claim against Daily Mirror publisher – The Guardian

Posted December 4th, 2023 in brexit, defamation, freedom of expression, media, news by tracey

‘Sir James Dyson has lost his libel claim against the publisher of the Daily Mirror after a columnist at the newspaper stated that he had “championed Vote Leave … before moving his global head office to Singapore”.’

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The Guardian, 1st December 2023

Source: www.theguardian.com

Draft reforms to UK holiday pay rules leave room for future changes – OUT-LAW.com

‘The UK government’s response to two post-Brexit consultations on reforming holiday pay leaves the door open for more reforms in the future, according to two legal experts.’

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OUT-LAW.com, 17th November 2023

Source: www.pinsentmasons.com

Kate Ollerenshaw: Impact Assessment as an Accountability Mechanism: Past, Present and Future – UK Constitutional Law Association

Posted November 9th, 2023 in brexit, company law, constitutional law, EC law, government departments, news by sally

‘On 19th September, the Government published a revised version of the Better Regulation Framework Manual setting out its new approach to impact assessment for regulatory measures. The system it will replace was aligned with the Government’s formal mechanisms to incentivise a reduction in the burden of regulation on business and civil society, but the repeal of the statutory Business Impact Target (BIT) by s. 18 of the Retained EU Law (Revocation and Reform) Act 2023 and the Government’s commitment to ‘Smarter Regulation to Grow the Economy’ in the post-Brexit world prompted revisions. At first sight the proposals, including the creation of a new ‘options assessment’, seem to address some criticisms of the previous system. As always though, ‘the devil is in the detail’ and ‘the proof of the pudding will be in its eating’. This post looks at the proposed changes in the light of past practice to highlight areas where the effectiveness of impact assessment as an accountability mechanism might remain compromised. For reasons of space, this post focuses on impact assessment as a prospective tool rather than its role in post-implementation review.’

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UK Constitutional Law Association, 9th November 2023

Source: ukconstitutionallaw.org

Changes To The EU Settlement Scheme: ‘When People’s Vulnerability Is Weaponised’ – Each Other

Posted October 17th, 2023 in brexit, disabled persons, families, immigration, news by sally

‘In October 2019, three years after the Brexit referendum, I received my OISC (Office of the Immigration Services Commissioner) accreditation and began volunteering as an immigration adviser. Only a few months prior, I had been through my own personal experience of the EU Settlement Scheme (EUSS), applying for and being granted settled status.’

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Each Other, 16th October 2023

Source: eachother.org.uk

UK Mandatory Disclosure Rules (MDR) for cross-border tax avoidance arrangements – OUT-LAW.com

Posted October 16th, 2023 in brexit, disclosure, HM Revenue & Customs, news, tax avoidance, taxation, time limits by tracey

‘New UK rules requiring disclosure of cross-border tax avoidance arrangements have been introduced to replace DAC6, the EU’s mandatory disclosure regime. Under the new Mandatory Disclosure Rules (MDR), disclosure has been extended to include arrangements wholly outside the UK/EU.’

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OUT-LAW.com, 13th October 2023

Source: www.pinsentmasons.com

Sanctioned company has “right to access courts”, appeal judges rule – Legal Futures

Posted October 10th, 2023 in brexit, costs, freezing injunctions, news, Russia, sanctions, stay of proceedings by sally

‘The Court of Appeal has rejected a Russian tycoon’s bid to stay an $850m claim brought against him by two Russian banks, despite one of them being sanctioned, citing the right to access the courts.’

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Legal Futures, 9th October 2023

Source: www.legalfutures.co.uk

UK kick off domestic data protection law shift – OUT-LAW.com

Posted October 5th, 2023 in brexit, data protection, EC law, human rights, news, regulations by sally

‘Forthcoming changes to the basis of UK data protection law, although likely to be of minor practical impact, nevertheless represent an important shift in the lens through which domestic data protection legislation is viewed.’

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OUT-LAW.com, 4th October 2023

Source: www.pinsentmasons.com

Retained EU law in the UK after Brexit – OUT-LAW.com

Posted September 14th, 2023 in amendments, brexit, EC law, enforcement, news, repeals by tracey

‘Some EU law has been carried over into UK law after Brexit, so that there would be continuity in the many areas of UK law originally based on EU law.’

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OUT-LAW.com, 13th September 2023

Source: www.pinsentmasons.com

UK fails to ban 36 harmful pesticides outlawed for use in EU – The Guardian

‘The UK has failed to ban 36 pesticides that are not allowed for use in the EU, as campaigners say it is becoming the “toxic poster child of Europe”. Though ministers promised the UK would not water down EU-derived environmental standards after Brexit, there have been multiple instances of divergence since the country left the bloc.’

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The Guardian, 13th September 2023

Source: www.theguardian.com