New Judgment: Fratila and another (AP) v Secretary of State for Work and Pensions [2021] UKSC 53 – UKSC Blog

Posted December 2nd, 2021 in benefits, brexit, EC law, news, regulations, Supreme Court by sally

‘The Respondents are Romanian nationals residing in the UK. They both made applications for universal credit in June 2019. At the time of their applications, the Respondents’ right to reside in the UK arose solely from their pre-settled status under the EU Settlement Scheme. The Respondents’ applications were refused because the Universal Credit Regulations 2013, as amended by the Social Security (Income Related Benefits) (Updating and Amendment) (EU exit) Regulations 2019 (the “2019 Regulations”) do not permit universal credit to be granted solely on the basis of an individual’s pre–settled status.’

Full Story

UKSC Blog, 2nd December 2021

Source: ukscblog.com

Only five Channel migrants returned to Europe this year as minister admits ‘difficulties’ – The Independent

Posted November 18th, 2021 in brexit, deportation, EC law, immigration, news, statistics by tracey

‘Only five migrants who crossed the Channel into Britain by boat have been successfully deported back to the continent this year, an immigration minister has revealed.’

Full Story

The Independent, 17th November 2021

Source: www.independent.co.uk

Will the UK trigger article 16 – and what will happen if it does? – The Guardian

Posted November 5th, 2021 in brexit, EC law, news, Northern Ireland by michael

“Fears are growing that the UK will trigger article 16 of the Northern Ireland protocol, potentially rupturing the already strained relations with the EU. If talks with the EU collapse, it is expected just after Cop26 in seven days’ time.”

Full Story

The Guardian, 5th November 2021

Source: www.theguardian.com

UK product safety laws won’t prevent another Grenfell tragedy, report warns – The Guardian

Posted September 30th, 2021 in brexit, consumer protection, electronic commerce, news, third parties by sally

‘The UK’s product safety regime is not up to the job of preventing a tragedy such as the Grenfell Tower fire as shopping moves online and regulators take on new responsibilities following Brexit, MPs have warned.’

Full Story

The Guardian, 30th September 2021

Source: www.theguardian.com

Bringing it all back home: TUPE reform after Brexit – by Charles Wynn-Evans – UK Labour Law

Posted September 24th, 2021 in brexit, EC law, employment, interpretation, news, transfer of undertakings by sally

‘Despite the concerns expressed by many commentators ahead of Brexit about the possibility of significant deregulatory reform of employment protection legislation once the United Kingdom left the EU, precious little has been heard subsequently in this regard in terms of specific proposals other than a brief flurry of speculation earlier this year about potential reform of working time, rest break and holiday entitlement provisions. This culminated in the Government’s confirmation that a review of workers’ rights would not be proceeding and its statement, in explaining the failure to include the promised Employment Bill in the most recent Queen’s Speech, that it is “unequivocal in its commitment to protect and enhance workers’ rights as we build back better from the pandemic….”’

Full Story

UK Labour Law, 22nd September 2021

Source: uklabourlawblog.com

Government to undertake review of ‘Retained EU law’, ensure courts have full ability to depart from EU case law “according to normal rules” – Local Government Lawyer

Posted September 20th, 2021 in brexit, data protection, EC law, government departments, news, statute law revision by tracey

‘The Government is to conduct a review of “Retained EU law”, the legislation taken onto the statute book through the European Union (Withdrawal) Act of 2018, Lord Frost has announced.

Full Story

Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

News focus: Data protection reform – a bonfire, or building back better? – Law Society’s Gazette

Posted September 20th, 2021 in brexit, consultations, data protection, government departments, news by tracey

‘Government plans to streamline the data protection regime aim to foster innovation in the sector, but have also reignited concerns about automated data processing and the erosion of rights.’

Full Story

Law Society's Gazette, 20th September 2021

Source: www.lawgazette.co.uk

Case backlog for EU citizens to settle in UK ‘may be cleared by Christmas’ – The Guardian

Posted September 17th, 2021 in brexit, delay, government departments, immigration, news, statistics, visas by tracey

‘New government figures suggest the backlog of applications by EU citizens and their families received by the Home Office for the post-Brexit settlement scheme could be cleared by Christmas.’

Full Story

The Guardian, 16th September 2021

Source: www.theguardian.com

Vernon Bogdanor: Reply to McHarg and Young – UK Constitutional Law Association

Posted September 15th, 2021 in brexit, constitutional law, devolution, human rights, London, news, parliament by tracey

‘Aileen McHarg and Alison Young believe that the new British constitution, which I wrote about in my book of that name published in 2009 is less securely based than I suggested. The pillars of that new constitution were, I argued, the Human Rights Act, the devolution settlement, the referendum, and the new arrangements for the government of London which provided for Britain’s first directly elected mayor.’

Full Story

UK Constitutional Law Association, 14th September 2021

Source: ukconstitutionallaw.org

Aileen McHarg and Alison L. Young: The Resilience of the (Old) British Constitution – UK Constitutional Law Association

‘In 2009, Vernon Bogdanor wrote about The New British Constitution. His thesis was that a decade of New Labour reforms had produced a shift in the nature of the constitution, from one based on parliamentary sovereignty, to one based on the “sovereignty of the constitution”. Since 2009, further constitutional reforms have been implemented by governments of various political stripes, apparently consolidating the legalisation of the constitution, and the dispersal of power from the institutions of central government to Parliament, the devolved institutions, and the courts. The New British Constitution appeared to be firmly established. Recent events, however, demonstrate the shaky foundations of this new constitutionalism, with a growing trend towards a weakening of both legal and political checks on Governmental power. This blog post draws attention to this worrying trend, focusing on three key examples. It is based on the findings of the first report of the Constitutional Monitoring Group (of which the authors are both members), established to provide a biannual barometer of the state of constitutional principles in the UK. The report raises concerns not just about the potential consequences of this trend, but of the piecemeal and rapid manner in which it is occurring, with some important constitutional changes appearing to happen under the radar.’

Full Story

UK Constitutional Law Association, 8th September 2021

Source: ukconstitutionallaw.org

Web cookies rules could be set for shake-up – Law Society’s Gazette

Posted September 8th, 2021 in brexit, data protection, government departments, internet, news, ombudsmen by sally

‘Rules requiring cookie consent pop-ups on websites could be in for a shake-up following a move by the data watchdog which is likely to feature in government plans to reform data protection laws.’

Full Story

Law Society's Gazette, 7th September 2021

Source: www.lawgazette.co.uk

UK to overhaul privacy rules in post-Brexit departure from GDPR – The Guardian

Posted August 27th, 2021 in brexit, data protection, EC law, government departments, internet, news, privacy by tracey

‘Britain will attempt to move away from European data protection regulations as it overhauls its privacy rules after Brexit, the government has announced.’

Full Story

The Guardian, 26th August 2021

Source: www.theguardian.com

UK asylum policy after Brexit – EIN Blog

Posted August 13th, 2021 in asylum, bills, brexit, EC law, government departments, immigration, news, refugees by tracey

‘Since the end of the Brexit transition period on 31 December 2020, the EU’s Common European Asylum System (CEAS) no longer applies to the UK. The government has now introduced its Nationality and Borders Bill to reform the UK’s asylum system.’

Full Story

EIN Blog, 12th August 2021

Source: www.ein.org.uk

500,000 EU citizens left ‘in limbo’ awaiting decision over right to stay in UK – The Independent

Posted August 13th, 2021 in brexit, delay, government departments, immigration, news, statistics, visas by tracey

‘More than half a million European citizens living in the UK are still awaiting a decision over their status six weeks on from the June deadline for the settlement scheme.’

Full Story

The Independent, 12th August 2021

Source: www.independent.co.uk

Welsh Gower salt marsh lamb given protected status under new post-Brexit regime – The Independent

Posted August 11th, 2021 in brexit, EC law, food, news by tracey

‘Welsh Gower salt marsh lamb has become the first food product to receive protected status under a new post-Brexit regime.’

Full Story

The Independent, 11th August 2021

Source: www.independent.co.uk

Registered Designs – Lutec (UK) Ltd v Cascade Holdings Ltd – NIPC Law

Posted August 3rd, 2021 in brexit, EC law, intellectual property, news by sally

‘This case started as an action for the infringement of two registered Community designs, namely 000540927-0001 and 000540927-0002. Before the action came on for trial, the transition or implementation period provided by art 126 of the agreement by which the UK withdraw from the EU expired. The Senior Courts of England and Wales ceased to be Community design courts and registered Community designs ceased to apply to the UK. Art 54 (1) (b) of that agreement provided for holders of registered Community designs to be awarded equivalent registered designs in the UK (see Jane Lambert How Brexit has changed IP Law 17 Jan 2021 NIPC Brexit and Jane Lambert IP after Brexit 26 Jan 2021 Slideshare). Those registered designs are for “Interior lights, Exterior lights” registered in the name of the third claimant under registration number 90005409270001 and “Interior lights, Exterior lights” registered in the name of the same claimant under registration number 90005409270002. The claim proceeded as an action for the infringement of those registered designs.’

Full Story

NIPC Law, 2nd August 2021

Source: nipclaw.blogspot.com

Right-to-work regime – Law Society’s Gazette

‘The Home Office has issued new right-to-work guidance as the Brexit transitional arrangements for EU workers in the UK came to an end on 30 June 2021.’

Full Story

Law Society's Gazette, 2nd August 2021

Source: www.lawgazette.co.uk

Offering more law degrees “could save struggling universities” – Legal Futures

Posted July 23rd, 2021 in brexit, budgets, coronavirus, education, legal education, news, universities by sally

‘Universities should prioritise law degrees for investment because they produce “better employability outcomes”, are “comparatively cheap to deliver” and “well-suited to remote or blended learning”, a report has found.’

Full Story

Legal Futures, 22nd July 2021

Source: www.legalfutures.co.uk

Court scolds QC but decides against referring him to BSB – Legal Futures

Posted July 9th, 2021 in barristers, brexit, judicial review, news, queen's counsel by michael

‘A QC who misused the urgent applications procedure for a Brexit-related judicial review has been ticked off by the Divisional Court but escaped being referred to the Bar Standards Board (BSB).’

Full Story

Legal Futures, 9th July 2021

Source: www.legalfutures.co.uk

Hundreds of thousands of EU citizens ‘scrabbling’ to attain post-Brexit status before deadline – The Guardian

Posted June 28th, 2021 in brexit, citizenship, EC law, immigration, news, statistics, time limits, visas by tracey

‘EU citizens are struggling to apply for post-Brexit settled status as the Home Office reaches “breaking point” coping with a last-minute surge in applications. With three days before the deadline of the EU settlement scheme this Wednesday, campaigners say late applicants are being stuck in online queues as others find it impossible to access advice on the government helpline.’

Full Story

The Guardian, 26th June 2021

Source: www.theguardian.com