Ep 129: Brexit and the Flaws of Delegated Legislation – Law Pod UK

Posted November 9th, 2020 in brexit, constitutional law, news, parliament, podcasts by sally

‘In Episode 129, Emma-Louise Fenelon speaks to Lord Anderson of Ipswich QC, Alexandra Sinclair and Joe Tomlinson about the new Public Law Project report: Plus ca change? Brexit and the flaws of the delegated legislation system, for a fascinating discussion about parliamentary goings-on in a time of Brexit.’

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Law Pod UK, 4th November 2020

Source: audioboom.com

Campaigners hail dramatic government climbdown in battle to protect post-Brexit food standards – The Independent

Posted November 2nd, 2020 in agriculture, bills, brexit, food, food hygiene, news, ombudsmen, standards by tracey

‘A dramatic government climbdown will protect post-Brexit food quality, delighted campaigners say – after fears that chlorinated chicken and hormone-fed beef would be allowed in. In another U-turn, Liz Truss has bowed to pressure to give teeth to a new watchdog to prevent trade deals, particularly with the US, watering down food and animal welfare standards.’

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The Independent, 1st November 2020

Source: www.independent.co.uk

We can work it out: Understanding the new sponsored worker scheme and options for employing migrant workers post-Brexit – EIN Blog

Posted October 27th, 2020 in brexit, immigration, migrant workers, news, regulations, sponsored immigrants by sally

‘On 22 October 2020 new Immigration Rules were published which will fundamentally change how UK business recruits and retains migrant talent. Here we look at 10 key things to know about these changes, and how they may affect individuals and employers.’

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EIN Blog, 27th October 2020

Source: www.ein.org.uk

Stuart Wallace: A Triple Threat to the Rule of Law – UK Constitutional Law Association

Posted October 27th, 2020 in armed forces, bills, brexit, coronavirus, immunity, news, regulations, rule of law by sally

‘A trio of threats to the rule of law present themselves in parliament at this time: The Internal Market Bill, the Overseas Operations Bill and the inexorable flow of Health Protection Regulations. Before discussing the nature of the threats, it may be useful to highlight the distinct principles of the rule of law that are concerned. While the concept of the rule of law may have been debated by legal scholars for centuries, I am confident that adherents to both the substantive and formal conceptions of the rule of law would be equally affronted by recent developments in Parliament.’

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UK Constitutional Law Association, 27th October 2020

Source: ukconstitutionallaw.org

Brexit: UK to ban more EU citizens with criminal records – BBC News

Posted October 22nd, 2020 in brexit, criminal records, immigration, news, regulations by sally

‘Many more EU citizens with criminal records will be barred from entering the UK from January, the Home Office has said.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Financial Remedy: OG v AG [2020] EWFC 52: Value of a business, Covid, Brexit and Beyond – Becket Chambers

‘During these troubled times, when a reliable crystal ball would be helpful, the case of OC v AG [2020] EWFC 52 in which judgement was handed down on the 29th of July 2020, is of interest.’

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Becket Chambers, 2nd October 2020

Source: becket-chambers.co.uk

Statutory Instruments: the Unseen Constitutional Crisis – Blackstone Chambers

Posted October 20th, 2020 in brexit, constitutional law, coronavirus, legislative drafting, news, regulations by sally

‘Why is legislating by Statutory Instrument so tempting for Government?’

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Blackstone Chambers, 14th October 2020

Source: www.blackstonechambers.com

Jeff King and Stephen Tierney: The House of Lords Constitution Committee reports on the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘The United Kingdom Internal Market Bill is something of an imperfect storm, provoking the ire both of the devolved authorities who consider it an unacceptable circumscription of devolved competence and those aghast that the Bill empowers ministers to act contrary to the UK’s international obligations. Today the Constitution Committee reports on the measure and doesn’t pull its punches. Its highly critical analysis is informed by several evidence sessions involving academics, legal experts and prominent parliamentarians including the Lord Chancellor.’

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UK Constitutional Law Association, 16th October 2020

Source: ukconstitutionallaw.org

Court of Appeal to have power to depart from EU law – Litigation Futures

Posted October 19th, 2020 in appeals, brexit, courts, EC law, Ministry of Justice, news, Supreme Court by sally

‘The Ministry of Justice (MoJ) is to allow the Court of Appeal as well as the Supreme Court to depart from European Union case law from next year, despite the opposition of a majority of respondents to a consultation.’

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Litigation Futures, 19th October 2020

Source: www.litigationfutures.com

New Brexit law will let vulnerable EU citizens apply late to stay in UK – The Guardian

‘The government is to fast-track legislation that it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

New Brexit law will allow vulnerable EU citizens to apply late to stay in UK – The Guardian

‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Report from Public Law Project warns of serious deficiencies in UK law making with huge rise in statutory instruments – Local Government Lawyer

Posted October 14th, 2020 in brexit, EC law, legislation, news, parliament by sally

‘The UK’s withdrawal from the EU has led to a “tsunami” of delegated legislation in the form of statutory instruments (SIs), according to a report by the Public Law Project.’

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Local Government Lawyer, 13th October 2020

Source: www.localgovernmentlawyer.co.uk

Barristers on AG panels “should consider resigning”, says top QC – Legal Futures

‘One of the country’s leading QCs has suggested that barristers on the Attorney General’s panels should consider resigning in protest at the government’s hostility to the law and lawyers.’

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Legal Futures, 13th October 2020

Source: www.legalfutures.co.uk

David Greene: Condemning lawyers for doing their jobs is inherently dangerous – The Guardian

‘The new president of the Law Society on why it’s crucial to defend the rule of law in these febrile times.’

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The Guardian, 14th October 2020

Source: www.theguardian.com

Brexit strategy risks UK ‘dictatorship’, says ex-president of supreme court – The Guardian

Posted October 8th, 2020 in bills, brexit, judges, ministers' powers and duties, news, parliament by tracey

‘Lord Neuberger condemns internal market bill for exempting some of its powers from legal challenge.’

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The Guardian, 7th October 2020

Source: www.theguardian.com

Legal profession hits back at Johnson over ‘lefty lawyers’ speech – The Guardian

“Lawyers say government’s hostility risks stirring up hatred and undermining rule of law.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

‘I have nothing’: Roma people left without support and at risk of exploitation due to digital-only status – The Independent

Posted October 6th, 2020 in benefits, brexit, citizenship, EC law, immigration, news by tracey

‘People from Britain’s Roma community are being left unable to access vital support and are exposed to exploitation due to the government’s new digital-only status for EU citizens, research reveals.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

State aid laws to be revoked in the UK – OUT-LAW.com

Posted October 2nd, 2020 in brexit, EC law, news, state aids by tracey

‘The UK government has set out legislative proposals which seek to revoke EU state aid laws in the UK from the end of the Brexit transition period. The draft State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 would, if enacted and from 1 January 2021, revoke state aid laws which would have otherwise been retained into domestic law in the UK by virtue of the EU (Withdrawal) Act 2018.’

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OUT-LAW.com, 30th September 2020

Source: www.pinsentmasons.com

Ronan Cormacain: The United Kingdom Internal Market Bill and Breach of Domestic Law – UK Constitutional Law Association

‘Huge controversy has already been generated over provisions in the United Kingdom Internal Market Bill granting Ministers the power to disapply the Withdrawal Agreement. Most of the debate (Elliott, Armstrong) has been focused on the potential breaches of international law. This could severely damage the reputation of the United Kingdom in the world. However, what has been relatively overlooked is that this Bill is also a flagrant attack on the Rule of Law at the UK domestic level. This remains the case even if amendments proposed by Sir Bob Neill MP (and apparently accepted by the Government) pass.’

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UK Constitutional Law Association, 23rd September 2020

Source: ukconstitutionallaw.org

The importance of the Economic Interest Test in the UK’s new Trade Remedies Regime – Brexit Law

Posted September 24th, 2020 in brexit, EC law, international trade, news, regulations by sally

‘The UK’s new trade remedies regime contained in the Taxation (Cross-border Trade) Act 2018 (“2018 Act”) has an economic interest test which is different from that of any other jurisdiction. Some jurisdictions, e.g. US and Australia, have chosen not to have one at all. The test is designed to ensure that only remedies that are in the UK’s economic interests taken as a whole will be adopted.’

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Brexit Law, 24th September 2020

Source: brexit.law