Category: brexit

Kate Ollerenshaw: Smarter Regulation: A Proliferation of Principles – UK Constitutional Law Association

Posted July 17th, 2024 in brexit, constitutional law, legislation, news, statute law revision by sally

‘Shortly before the July 2024 general election was called, the Conservative Government published a White Paper on its approach to regulatory reform. Intended to ensure the UK’s regulatory landscape delivered “a world-class service”, Smarter Regulation: Delivering a Regulatory Environment for Innovation, Investment and Growth included a number of proposals to streamline regulation, including a one-stop shop and portal to access regulations, an enhanced role for the Regulatory Policy Committee in scrutinising options and impact assessments for legislation, and a framework to measure progress by regulators caught by the Growth Duty established under s. 108 of the Deregulation Act 2015 and now subject to new statutory guidance issued a few days after the White Paper was published.’

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UK Constitutional Law Association, 17th July 2024

Source: ukconstitutionallaw.org

Can a Claimant Rely on an EU Directive to Avoid the Enterprise and Regulatory Reform Act 2013? – Ropewalk Personal Injury Blog

Posted July 15th, 2024 in brexit, chambers articles, EC law, news, personal injuries, statutory interpretation by sally

‘I recently acted in the High Court appeal in Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) which raises some interesting questions about the personal injury landscape after the Enterprise and Regulatory Reform Act 2013.’

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Ropewalk Personal Injury Blog, 10th July 2024

Source: ropewalk.co.uk

Important Development in the Marinos/Munro Saga – Financial Remedies Journal

Posted July 10th, 2024 in brexit, divorce, domicile, EC law, news by sally

‘A more detailed explanation of the background to this issue can be found in a blog Prof David Hodson OBE KC(Hons) MCIArb and I wrote for the FRJ earlier this year, but in considerable summary the position is as follows.’

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Financial Remedies Journal, 8th July 2024

Source: financialremediesjournal.com

More changes to the EU Settlement Scheme – Kingsley Napley Immigration Law Blog

Posted June 20th, 2024 in brexit, government departments, immigration, news, time limits by sally

‘A series of changes to the EU Settlement Scheme have resulted from the February 2023 High Court judgement in the Independent Monitoring Authority (IMA) case. The judgement said that in accordance with the Withdrawal Agreement when the UK left the EU, pre-settled status holders do not lose their residency right upon failure to make an application for settled status before their pre-settled status expires.’

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Kingsley Napley Immigration Law Blog, June 2024

Source: www.kingsleynapley.co.uk

The role of the courts regarding assimilated law from October 2024 – EU Relations Law

Posted June 12th, 2024 in brexit, chambers articles, courts, EC law, news by sally

‘In this post, Jack Williams of Monckton Chambers provides an update on section 6 of the Retained EU Law (Revocation and Reform) Act 2023 concerning the role of courts in interpreting and departing from assimilated case law.’

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EU Relations Law, 11th June 2024

Source: eurelationslaw.com

Homelessness eligibility and the Withdrawal Agreement – two (contradictory) appeals – Nearly Legal

Posted June 10th, 2024 in appeals, brexit, county courts, homelessness, housing, immigration, landlord & tenant, local government, news by sally

‘C v Oldham Council: Hynek v LB Islington. Central London County Court 24 May 2024. These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union,) on eligibility for housing assistance/homeless duties.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Judge hands down ruling on effect of withdrawal agreement on homeless applicants who are former EU nationals – Local Government Lawyer

Posted June 5th, 2024 in brexit, homelessness, housing, immigration, local government, news by sally

‘A Slovakian national has won a case against the London Borough of Islington over whether his status under agreements between the UK and the European Union entitled him to homelessness support.’

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Local Government Lawyer, 5th June 2024

Source: www.localgovernmentlawyer.co.uk

UK GDPR and changes to pending legislation – Law Society’s Gazette

Posted June 3rd, 2024 in bills, brexit, data protection, EC law, news by sally

‘The Data Protection and Digital Information Bill was due to enter the report stage in the House of Lords on 10 June. It may, among other things, make changes to the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR). I say ‘may’ because just after I wrote this, Rishi Sunak called a general election. However there is still a chance of it passing (see later), so let us for now proceed on this basis.’

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Law Society's Gazette, 29th May 2024

Source: www.lawgazette.co.uk

OEP watchdog criticises government’s water clean-up plans for England – BBC News

Posted May 9th, 2024 in brexit, environmental protection, news, pollution, reports, water by sally

‘The government’s efforts to clean up England’s rivers, lakes and seas have been criticised by a key environmental watchdog as “poor”.’

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BBC News, 9th May 2024

Source: www.bbc.co.uk

Reforms in UK Data Protection Law: Potential Impacts on Individuals’ Rights Protection and AI Transparency – Oxford Human Rights Hub

Posted April 26th, 2024 in artificial intelligence, bills, brexit, data protection, news by sally

‘The Data Protection and Digital Information Bill (DPDI Bill) was re-introduced into the UK Parliament in March 2023 and is currently being debated at the Committee stage in the House of Lords. Since Brexit, the UK can unilaterally decide to reform its legal framework on personal data regulation so that data power can be further unlocked. This objective is also tightly related to the pro-innovation approach aimed at spurring AI development in the UK. The DPDI Bill seeks to provide organisations with greater flexibility and stability in data processing while maintaining high standards of data protection. Nevertheless, there is considerable debate whether proposed changes in the DPDI Bill may dilute essential rights to data protection for individuals and undermine transparency in data processing related to AI.’

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Oxford Human Rights Hub, 23rd April 2024

Source: ohrh.law.ox.ac.uk

A reordering: to teach EU law or not? – The Law Teacher

Posted April 11th, 2024 in brexit, EC law, legal education, legal profession, news, universities by sally

‘This article considers the place of EU law in the law curriculum. It explores and critically assesses the pre- and post-Brexit arguments which have been made for EU law as a distinct module on the law degree. A number of commentators have made the case for the desirability of keeping EU law as a core subject. This paper takes account of the Retained EU Law (Revocation and Reform) Act 2023 and the changes to the professional requirements for qualification. Three key arguments are made. The first is that Brexit is disordering in an unquantifiable way the legal systems of the UK and introducing new uncertainties. The second is that at the same time there is a disordering of legal education with consequential changes to the rules for qualification to practise. The third argument, which is premised on the first two, is that providers of law degrees must recognise the implications of these processes and other processes of change (which are identified in this article) and reappraise the purpose of EU law in the curriculum.’

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The Law Teacher, 4th April 2024

Source: www.tandfonline.com

Barred from Europe: 2.4m Brits caught in post-Brexit passport chaos – The Independent

Posted March 28th, 2024 in brexit, EC law, immigration, news, passports by sally

‘Millions of Britons are barred from entering the EU by post-Brexit passport rules that are set to cause chaos over the Easter holidays. With the getaway starting in earnest on Thursday, an estimated 2.4 million travellers have documents that can’t be used for trips to the EU because of the change in expiry requirements.’

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The Independent, 28th March 2024

Source: www.independent.co.uk

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

Posted March 13th, 2024 in appeals, benefits, brexit, freedom of movement, government departments, human rights, immigration, news by sally

‘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 sally

‘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

Posted January 15th, 2024 in brexit, conflict of laws, dispute resolution, international law, Ministry of Justice, news by sally

‘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