EU countries rule out bilateral asylum deals in blow to Priti Patel’s immigration plans – The Independent

Posted April 26th, 2021 in asylum, brexit, deportation, EC law, government departments, immigration, news, refugees by tracey

‘n a major blow to Priti Patel’s immigration plans, EU countries have said they will not strike bilateral agreements with Britain to facilitate the deportation of refugees to Europe.’

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The Independent, 26th April 2021

Source: www.independent.co.uk

Brexit will ‘renew vigour’ in common law heritage, says Supreme Court judge – Law Society’s Gazette

Posted April 21st, 2021 in brexit, foreign jurisdictions, judges, news by tracey

‘Brexit could bolster the UK’s relationship with common law jurisdictions such as New Zealand and Canada as the legal system diverges from that of Europe, a Supreme Court justice has said.’

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Law Society's Gazette, 20th April 2021

Source: www.lawgazette.co.uk

Ep 141: A hundred days since Brexit – Law Pod UK

Posted April 20th, 2021 in brexit, international trade, news, podcasts by sally

‘In the latest episode of 2903cb, Professor Catherine Barnard of the University of Cambridge casts her mind back over the weeks and months since we left the EU. What is her verdict?’

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Law Pod UK, 19th April 2021

Source: audioboom.com

Alerter: The EU-UK Trade & Cooperation Agreement: what does it mean for consumer protection & product liability? – Henderson Chambers

Posted April 16th, 2021 in brexit, chambers articles, consumer protection, news, sale of goods by sally

‘After months of negotiation, the EU-UK Trade and Cooperation Agreement (“TCA”), agreed in principle on 24 December 2020, is to govern trade and services between the UK and EU from 1 January 2021. Whilst the predominant focus is on the continued absence of tariffs or quotas on goods traded between the UK and EU provided those goods meet the rules of origin, for many other key areas it is a framework for more substantial future agreements. In this alerter, we explore the key features of the TCA in relation to product liability and consumer protection.’

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Henderson Chambers, 31st March 2021

Source: www.hendersonchambers.co.uk

Brexit and what it means for the conflict of laws – St John’s Chambers

Posted April 14th, 2021 in brexit, chambers articles, conflict of laws, jurisdiction, news by sally

‘The ‘B’ word and the ‘C’ word in one article… Brexit and the Conflict of laws. Those familiar with private international law will appreciate the central role played by various EU regulations in harmonising the conflict of laws rules governing jurisdiction, applicable law and the recognition and enforcement of judgments across EU Member States (“MSs”). In the commercial context, “Brussels I”, “Rome I” and “Rome II” have (for the most part) worked very well in furthering that objective of harmonisation.’

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St John's Chambers, 29th March 2021

Source: www.stjohnschambers.co.uk

Retrial-conviction cases: when is extradition proportionate? – 5SAH

Posted April 14th, 2021 in brexit, chambers articles, extradition, news, proportionality, retrials by sally

‘When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?’

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5SAH, 17th March 2021

Source: www.5sah.co.uk

Part 26A scheme not within scope of Lugano Convention – Mills & Reeve

Posted April 13th, 2021 in brexit, company law, insolvency, news, treaties by sally

‘The insolvency criteria for instigating a Part 26A scheme had the effect that Part 26A schemes fall within the insolvency carve out contained in the Lugano Convention and so are not within its scope.’

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Mills & Reeve, 8th April 2021

Source: www.mills-reeve.com

Freezing and confiscation under the EU–UK Trade and Cooperation Agreement – 5SAH

Posted April 9th, 2021 in brexit, chambers articles, confiscation, news, proceeds of crime by sally

‘This contribution presents a critical and practical analysis of the changes the EU–UK Trade and Cooperation Agreement brings to the recognition and enforcement of freezing and confiscation orders. It provides an overview of how this area of law may develop in the future post-Brexit.’

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5SAH, 8th March 2021

Source: www.5sah.co.uk

Extradition under the EU–UK Trade and Cooperation Agreement – 5SAH

Posted April 9th, 2021 in brexit, chambers articles, extradition, news by sally

‘When the EU–UK Trade and Cooperation Agreement (TCA) was reached between the UK and the EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if anything, would remain from the European Arrest Warrant (EAW) system before it came into force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or “surrender” between EU member states and the UK. In short, the EAW system no longer applies. The authors set out how the TCA provides a degree of continuity, now under the watchful eye of the UK–EU “Specialised Committee on Law Enforcement and Judicial Cooperation”. There are notable departures from the EAW system however, in both practical and legal terms, that open the door to increased scrutiny of extradition requests. The authors explore the impact these changes may have on the future of extradition with the EU27, to or from the UK.’

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5SAH, 10th March 2021

Source: www.5sah.co.uk

Thousands of EU children face ‘cliff edge’ as still without post-Brexit status three months before deadline – The Independent

Posted March 30th, 2021 in brexit, children, families, immigration, news, visas by tracey

‘Thousands of European children living in care in the UK face becoming undocumented within months as only one in four has been granted post-Brexit immigration status, data reveals.’

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The Independent, 30th March 2021

Source: www.independent.co.uk

Home Office still has no agreements with other countries for deportations central to new immigration plan – The Independent

Posted March 26th, 2021 in asylum, brexit, deportation, EC law, government departments, immigration, news, refugees by tracey

‘Britain still has no way of deporting refugees from the UK to other countries, the Home Office has confirmed – despite this being a key component of its asylum overhaul announced on Wednesday. Priti Patel has unveiled new measures that will see refugees who arrive in Britain via unauthorised routes denied an automatic right to asylum and instead regularly reassessed for removal to safe countries they passed through, which are usually in the EU.’

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The Independent, 25th March 2021

Source: www.independent.co.uk

Brexit: UK lost ‘significant’ access to EU policing data under deal, report warns – BBC News

Posted March 26th, 2021 in brexit, data protection, news, police by tracey

‘Britain has lost “significant” access to EU policing data under the Brexit deal negotiated at the end of last year, a House of Lords report has said. It also concluded that post-Brexit law enforcement arrangements are “complex” and “untested”.’

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BBC News, 26th March 2021

Source: www.bbc.co.uk

Brexit: EU launches legal action against UK over ‘serious’ Northern Ireland protocol breach – The Independent

Posted March 16th, 2021 in brexit, international trade, news, Northern Ireland, treaties by tracey

‘Brussels has launched legal action against the UK government after Boris Johnson announced he would renege on parts of the deal he signed last year.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

High Court: restructuring plans are ‘insolvency proceedings’ – OUT-LAW.com

Posted March 15th, 2021 in banking, brexit, company law, EC law, insolvency, jurisdiction, news by tracey

‘A recent High Court decision on the legal status of a UK statutory restructuring plan may impact on the way in which these proceedings are viewed by European courts post-Brexit.’

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OUT-LAW.com, 12th March 2021

Source: www.pinsentmasons.com

High court rejects bid to extend UK’s EU settlement scheme – The Guardian

‘The high court has rejected a legal bid for an extension to the EU settlement scheme (EUSS), dismissing campaigners’ concerns that those EU residents who fail to apply to remain in the UK before July could face “devastating” consequences, similar to those experienced by the Windrush generation.’

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The Guardian, 11th March 2021

Source: www.theguardian.com

UK to depart from GDPR – Law Society’s Gazette

Posted March 8th, 2021 in brexit, data protection, EC law, government departments, news, privacy by tracey

‘The government has sent a first signal of its intention for UK data protection laws to part company with the EU’s General Data Protection Regulation. In a Financial Times article last week, culture secretary Oliver Dowden said he would use the appointment of a new information commissioner to focus not just on privacy but on the use of data for “economic and social goals”.’

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Law Society's Gazette, 8th March 2021

Source: www.lawgazette.co.uk

UK broke law by ‘systematically and persistently’ breaching air pollution limits, top court rules – The Independent

Posted March 5th, 2021 in brexit, EC law, environmental health, government departments, news, pollution by tracey

‘The EU’s top court court has ruled that the UK broke the law by “systematically and persistently” breaching air pollution limits.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian

‘The former judge and renowned historian loses his cool on Covid and the culture wars.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Injured off-road victims ‘sacrificed at hands of Brexit’, say lawyers – Law Society’s Gazette

Posted March 2nd, 2021 in agriculture, brexit, insurance, motorcycles, news, personal injuries, sport by sally

‘Personal injury lawyers have warned that the UK government’s decision to ditch a European ruling on private land vehicles risks sacrificing the rights of injured people “in the name of Brexit”.’

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Law Society's Gazette, 1st March 2021

Source: www.lawgazette.co.uk

How Will Immigration Policies Impact Haulage? – EIN Blog

Posted March 2nd, 2021 in brexit, carriage of goods, immigration, news by sally

‘Brexit cannot be blamed for all the challenges the haulage industry is currently facing. On the other hand, it isn’t helping either. In particular, it’s making recruitment even harder.’

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EIN Blog, 1st March 2021

Source: www.ein.org.uk