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, vaccination 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

British lawyer sues EU over her removal from its court due to Brexit – The Guardian

Posted May 1st, 2020 in barristers, brexit, citizenship, courts, EC law, employment, news, unfair dismissal by sally

‘The UK’s last judicial member of the European court of justice is suing the council of the European Union and the EU court over her removal from office because of Brexit.’

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The Guardian, 1st May 2020

Source: www.theguardian.com

Fisheries Bill 2020: What Does it have in Stock? – UK Human Rights Blog

Posted April 22nd, 2020 in bills, brexit, EC law, environmental protection, fisheries, news by sally

‘The Fisheries Bill 2020, part of the government’s core legislative program on post-Brexit environmental policy, is currently in the House of Lords at committee stage, and is expected to receive royal assent in the coming months (although exactly when is subject to how successfully the House of Lords can adapt to meeting via Microsoft Teams). It would establish Britain’s departure from the Common Fisheries Policy (CFP) on January 1st 2021, and sets out how fishing rights would work post transition period and CFP.’

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UK Human Rights Blog, 21st April 2020

Source: ukhumanrightsblog.com

Force majeure in 2020 – Law Society’s Gazette

Posted March 30th, 2020 in brexit, climate change, contracts, coronavirus, news by sally

‘While thousands of coronavirus sufferers around the world will be getting doctors’ notes to excuse them from work, Chinese businesses have been getting ‘force majeure certificates’ from their government to excuse them from contractual performance.’

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Law Society's Gazette, 25th March 2020

Source: www.lawgazette.co.uk

MPs no longer to get automatic vote on constituency boundary plans – The Guardian

Posted March 27th, 2020 in boundaries, brexit, elections, news, parliament by sally

‘MPs will no longer automatically get a vote on any future plans to redraw constituency boundaries.’

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The Guardian, 26th March 2020

Source: www.theguardian.com

Big Data in the Post-Brexit Era – Where Oh Where Will It Be? – The 36 Group

Posted March 23rd, 2020 in brexit, chambers articles, data protection, EC law, internet, jurisdiction, news by sally

‘Joseph Dalby SC and Flavia Kenyon, barristers at 36 Commercial, examine the reasons and implications of big data and social media giants moving UK-data overseas.’

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The 36 Group, 4th March 2020

Source: 36group.co.uk

Treaty scrutiny -A brave new frontier for Parliament – UK Constitutional Law Association

Posted March 18th, 2020 in brexit, constitutional law, news, parliament, royal prerogative, treaties by sally

‘On Tuesday 17 March, the House of Lords endorsed a report by the Procedure Committee which has the effect of establishing a new Committee tasked with scrutinising international agreements, or treaties, that are negotiated and signed by the UK in 2020.’

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UK Constitutional Law Association, 18th March 2020

Source: ukconstitutionallaw.org

EP 104: The Status of EU law During the Transition Period and Beyond – Law Pod UK

Posted March 16th, 2020 in brexit, EC law, news by sally

‘In Episode 104, an esteemed panel of speakers discuss the complexities of EU law during the Brexit transition period and beyond, as part of an event hosted by the Constitutional and Administrative Bar Association. The panel features Lord Anderson of Ipswich, Professor Catherine Barnard, Professor of European Union law at Cambridge and Alison Pickup, Legal Director at the Public Law Project.’

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Law Pod UK, 11th March 2020

Source: audioboom.com

Judicial review: ‘Snarling’ not the way to get reform, says former top judge – BBC News

Posted March 16th, 2020 in brexit, judges, judicial review, news, parliament, prorogation by sally

‘”Shouting and snarling” is not the way to get judges to accept curbs to their powers, a former top judge has warned.’

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BBC News, 13th March 2020

Source: www.bbc.co.uk

5SAH Extradition and International update: February 2020 – 5SAH

Posted February 20th, 2020 in brexit, chambers articles, extradition, Ireland, news by sally

‘Welcome to our February 2020, 5SAH Extradition and International quarterly newsletter. We are pleased to present a variety of articles from our team of specialist extradition and international law barristers.’

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5SAH, 13th February 2020

Source: www.5sah.co.uk

The new UK immigration rules tell employers to suck it up – The Guardian

Posted February 19th, 2020 in brexit, employment, freedom of movement, immigration, limitations, news, remuneration by sally

‘The self-employed Polish plumber will be a thing of the past. Uber taxis in Britain’s big cities could be harder to come by. Anybody who wants to hire a Lithuanian nanny will have to pay them £500 a week – and make sure the taxman knows about it.’

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The Guardian, 18th February 2020

Source: www.theguardian.com

Last British member of European court of justice could sue EU – The Guardian

Posted February 18th, 2020 in brexit, EC law, judges, news by sally

‘The last British member of the European court of justice has said she could sue the EU over an attempt by the bloc’s 27 member states to force her out.’

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The Guardian, 17th February 2020

Source: www.theguardian.com

Beauty, Trees and Zoning – Exchange Chambers

‘As the United Kingdom begins to plot a new course outside the European Union, 2020 has begun with a flurry of reports (doubtless with one eye on the forthcoming Planning White Paper in England) recommending changes to planning law and land use policies, whether in the interests of economic development, more beautiful places, nature conservation or combatting climate change.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

The QC Tipped To Lead The Effort To ‘Update’ Human Rights Laws – Each Other

‘The attorney general, Geoffrey Cox QC, has been tipped to lead a new government commission tasked with updating human rights laws and reforming the judiciary.’

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Each Other, 12th February 2020

Source: eachother.org.uk

Challenging a Settled Status decision – Richmond Chambers

Posted February 12th, 2020 in appeals, brexit, EC law, immigration, judicial review, news by sally

‘The EU Settled Status Scheme, under Appendix EU to the Immigration Rules, opened to all applicants on 30 March 2019.’

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Richmond Chambers, 5th February 2020

Source: immigrationbarrister.co.uk