Category: brexit

Brexit: what happens to international litigation? – OUP Blog

Posted July 24th, 2017 in agreements, brexit, courts, domicile, EC law, enforcement, jurisdiction, news by sally

‘At the present time, a large range of civil proceedings, especially in the commercial area, are governed by an EU measure, the Brussels I Regulation (Recast) of 2012. This applies whenever the defendant is domiciled in another EU country, whenever there is a choice-of-court agreement designating a court in the EU, and whenever an EU Member State has exclusive jurisdiction over a particular matter, for example title to land or registered intellectual-property rights. The Regulation also applies to the recognition and enforcement of judgments between different EU States.’

Full Story

OUP Blog, 24th July 2017

Source: blog.oup.com

UK government publishes ‘repeal bill’ ahead of Brexit – OUT-LAW.com

Posted July 14th, 2017 in bills, brexit, EC law, news, repeals by tracey

‘The UK government has published draft new legislation which is designed to transfer existing EU legislation to the UK statute book and give ongoing recognition to EU case law established before the UK leaves the EU.’

Full Story

OUT-LAW.com, 13th July 2017

Source: www.out-law.com

Brexit faces potential court challenge over ‘technical flaw’ in way Article 50 was triggered – The Independent

Posted July 6th, 2017 in brexit, drafting, EC law, legislation, news, treaties, Wales by sally

‘There could be a “technical flaw” in the way Article 50 was triggered which could make it vulnerable to a challenge in court, the National Assembly for Wales has been told.’

Full Story

The Independent, 5th July 2017

Source: www.independent.co.uk

Brexit will prove Britain’s judges are the best in the world, says new Justice Secretary – Daily Telegraph

Posted July 6th, 2017 in brexit, choice of forum, EC law, judgments, judiciary, news, speeches, treaties by sally

‘Brexit will see Britain’s top judges prove they are the best in the world, the new Justice Secretary has insisted.’

Full Story

Daily Telegraph, 6th July 2017

Source: www.telegraph.co.uk

Lord chief justice urges enforceability of EU rulings in UK post-Brexit – The Guardian

Posted July 6th, 2017 in brexit, EC law, enforcement, judges, judgments, news, treaties by sally

‘Ministers must work faster to ensure that after Brexit UK and EU court judgments are mutually recognised and enforced, the lord chief justice has urged.’

Full Story

The Guardian, 5th July 2017

Source: www.theguardian.com

Environmental Law News Update – Six Pump Court

Posted July 5th, 2017 in brexit, EC law, enforcement, environmental protection, London, markets, news, standards, transport, treaties by sally

‘In this latest Environmental Law News Update, Christopher Badger and Laura Phillips consider the Bar Council’s Brexit Working Group paper on environmental law, the publication of revised voluntary guidelines for issuing Green Bonds, and pledges by the Mayor of London for a ‘zero-emission’ city by 2050.’

Full Story

Six Pump Court, 26th June 2017

Source: www.6pumpcourt.co.uk

Lawyers plan to stop UK dropping EU rules on environment after Brexit – The Guardian

Posted July 4th, 2017 in bills, brexit, EC law, environmental protection, news by sally

‘A taskforce of environmental lawyers is drawing up plans to stop thousands of EU rules protecting rivers, wildlife, coastlines and air quality from being dropped by the government after Brexit.’

Full Story

The Guardian, 3rd July 2017

Source: www.theguardian.com

Speech by the Lord Chief Justice: Law Reform Now in 21st Century Britain – Brexit and Beyond – Courts and Tribunals Judicairy

Posted June 27th, 2017 in brexit, EC law, judiciary, Law Commission, legislation, speeches, treaties by tracey

‘I have taken as the first part of the title of this lecture words with which Lord Scarman would have been very familiar: Law Reform Now – the three words which formed the title of the Gerald Gardiner and Andrew Martin book which contained their blueprint for what would become the Law Commission. As Sir Geoffrey Palmer QC, in the course of tracing the origins and huge success of the Law Commission in his 2015 Scarman Lecture, recalled, it started with a proposition; one they took to be axiomatic: “. . . that much of our English law is out of date, and some of it shockingly so.” They were not wrong.’

Full speech

Source: www.judiciary.gov.uk

How do citizens’ rights affect Brexit negotiations? – The Guardian

Posted June 26th, 2017 in brexit, citizenship, EC law, freedom of movement, immigration, international courts, international law, news, treaties by sally

‘Protections for 1.2m Britons on continent and 3.5m Europeans in UK should be easy to settle in theory, but there are obstacles.’

Full Story

The Guardian, 23rd June 2017

Source: www.theguardian.com

Brexit: 2018 Queen’s Speech cancelled by government – BBC News

Posted June 19th, 2017 in bills, brexit, EC law, news, repeals, speeches, treaties by sally

‘There will be no Queen’s Speech next year to give MPs more time to deal with Brexit laws, the government says.’

Full Story

BBC News, 18th June 2017

Source: www.bbc.co.uk

Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course? – UK Constitutional Law Association

Posted June 7th, 2017 in agreements, bills, brexit, consent, constitutional law, devolution, devolution issues, EC law, international relations, legislation, ministers' powers and duties, news, Northern Ireland, political parties, referendums, repeals, treaties by sally

‘As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that this constitutional mess has potentially created a ‘perfect storm’, and leaves many here struggling with the troubling consequences.’

Full Story

UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org

All out war: Brexit & the Chartist movement – New Law Journal

Posted June 2nd, 2017 in brexit, constitutional law, EC law, news, referendums, treason by sally

‘Could the way in which Vote Leave used its NHS funding pledge during the EU referendum campaign amount to the offence of treason felony?’

Full Story

New Law Journal, 1st June 2017

Source: www.newlawjournal.co.uk

UK wrong to deny residence rights for non-EEA family members of dual nationals – Free Movement

Posted June 1st, 2017 in brexit, citizenship, EC law, families, immigration, news by sally

‘The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit.’

Full Story

Free Movement, 31st May 2017

Source: www.freemovement.org.uk

BREXIT: UK faces renegotiating 759 treaties with non-EU countries – OUT-LAW.com

Posted June 1st, 2017 in brexit, EC law, news, treaties by sally

‘The UK will have to renegotiate at least 759 trade agreements with 168 non-EU countries after it leaves the European Union, according to research by the Financial Times.’

Full Story

OUT-LAW.com, 31st May 2017

Source: www.out-law.com

Crowdfunded legal challenge over article 50 abandoned – The Guardian

Posted May 31st, 2017 in brexit, EC law, news, referendums, treaties by sally

‘A crowdfunded legal challenge to test whether Brexit can be reversed has been abandoned.’

Full Story

The Guardian, 30th May 2017

Source: www.theguardian.com

Brexit and implications for UK Merger Control – Part 3/3: Managing and prioritising the CMA’s mergers workload – Competition Bulletin from Blackstone Chambers

Posted May 16th, 2017 in brexit, competition, EC law, mergers, news, treaties by sally

‘The Competition Bulletin is pleased to welcome the third in a three-part series of blogs on Brexit and merger control by Ben Forbes and Mat Hughes of AlixPartners. Ben and Mat are (with others) co-authors of the new Sweet & Maxwell book, “UK Merger Control: Law and Practice”.’

Full story

Competition Bulletin from Blackstone Chambers, 16th May 2017

Source: www.competitionbulletin.com

Brexit: Is the UK set for WTO limbo? – New Law Journal

Posted May 15th, 2017 in brexit, EC law, international law, international trade, news by sally

‘The idea of World Trade Organization (WTO) vetoes being used to settle historical scores over Gibraltar or the Falklands has been circulated as one post-Brexit complication, with the UK set to relinquish its existing WTO status as part of the EU bloc. Gregory Shaffer, a leading authority on international trade law, explains the UK’s tariff and other WTO commitments and considers the very real prospect of the UK spending some time in WTO limbo.’

Full story

New Law Journal, 9th May 2017

Source: www.newlawjournal.co.uk

Short Cuts – London Review of Books

Posted May 12th, 2017 in agreements, brexit, criminal justice, data protection, EC law, international law, news, privacy, references to European Court, terrorism prevention & investigation measures, warrants by sally

‘After Brexit, the public face of criminal justice will look much the same as it does now. The UK has resisted many of the European Union’s moves towards harmonisation of substantive criminal law and procedure, and it is unlikely to use its new-found freedom from the restraints of EU law to decriminalise things like child pornography, cybercrime and people trafficking. The EU’s greatest impact on criminal justice has been through the multiple agreements and instruments that facilitate the detection, investigation and prosecution of such crimes as terrorism, people trafficking, child pornography, drug-smuggling, cybercrime and fraud across the EU. The best known of these is the European Arrest Warrant (EAW), implemented in 2004.’

Full story

London Review of Books, 18th May 2017

Source: www.lrb.co.uk

Brexit may cost MPs and peers the power to pass laws, says former judge – The Guardian

Posted May 4th, 2017 in bills, brexit, constitutional law, constitutional reform, EC law, judges, legislation, news, parliament, treaties by sally

‘The “legislative tsunami” unleashed by Brexit will deliver the “greatest challenge” in history to the integrity of parliament’s procedures, a former lord chief justice has said. Lord Judge raised his concerns that by the time Brexit is completed and the “great repeal bill” enacted, MPs and peers will have effectively given away their powers to pass laws.’

Full story

The Guardian, 3rd May 2017

Source: www.guardian.co.uk

Hate crime soared in run-up to EU referendum, new figures show – The Independent

Posted April 28th, 2017 in brexit, EC law, hate crime, news, referendums, statistics by tracey

‘Hate crime reports in England and Wales soared in the months leading up to last year’s EU referendum, new figures have revealed.’

Full story

The Independent, 27th April 2017

Source: www.independent.co.uk