Law Pod UK Ep. 38: Brexit – Two years on – 1 COR

Posted June 28th, 2018 in bills, brexit, EC law, immigration, news, referendums, treaties by sally

‘Catherine Barnard of Cambridge University talks to reporter Boni Sones about the progress of the Brexit negotiations two years after the UK narrowly voted to leave the EU in a Referendum on Thursday, June 23rd, 2016.’

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Law Pod UK, 26th June 2018

Source: audioboom.com

The Fate of the Charter of Fundamental Rights in UK Law After Brexit is Sealed – Oxford Human Rights Hub

Posted June 25th, 2018 in bills, brexit, EC law, human rights, news by sally

‘On Monday in the House of Lords, Lord Pannick withdrew his amendment to the EU Withdrawal Bill retaining the EU Charter as part of the UK’s post-Brexit settlement. With this, the Charter’s fate in UK law post Brexit was sealed. When the UK leaves the EU, the EU Charter will cease to apply. The status of the Charter during the transitional period, whilst the UK is neither in nor out of the EU, is still to be confirmed but it would seem inconceivable that the Charter would not continue to apply during that period.’

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Oxford Human Rights Hub, 20th June 2018

Source: ohrh.law.ox.ac.uk

Justice Minister Phillip Lee Resigns Over Brexit Saying We Need To Be On ‘The Right Side of History’ – Rights Info

Posted June 13th, 2018 in brexit, EC law, human rights, news, political parties by sally

‘Justice minister Phillip Lee has resigned from his position, during a keynote speech about the importance of human rights.’

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Rights Info, 12th June 2018

Source: rightsinfo.org

Brexit implications for family law analysed in panel discussion at European Parliament – Family Law

Posted May 21st, 2018 in brexit, divorce, EC law, families, family courts, foreign jurisdictions, news by sally

‘Four family law experts took part in a panel discussion at the European Parliament yesterday to discuss the implications for family law of the UK leaving the EU.’

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Family Law, 18th May 2018

Source: www.familylaw.co.uk

UK agency warns Brexit could lead to rise in organised crime – OUT-LAW.com

Posted May 15th, 2018 in brexit, crime, EC law, money laundering, news, reports, treaties by sally

‘The UK body charged with fighting serious and organised crime has warned that the country’s impending withdrawal from the EU could lead to a rise in money laundering, bribery and other corporate offences.’

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OUT-LAW.com, 14th May 2018

Source: www.out-law.com

Breaking up is hard to do: the fate of family law in post-Brexit Britain – Family Law

‘It is now over nine months since the European Union (Withdrawal) Bill was introduced into the House of Commons in July of last year. The Government’s stated aim was to ensure the UK exits the EU with maximum ‘certainty, continuity and control’. We now know that we will be leaving the EU at 11pm on Friday 29 March 2019. It is still unclear as to how this will happen, although the Government has indicated its wish to maintain a deep and special partnership with the EU. With approximately three million EU citizens living in the UK and around one million British citizens living in other EU member states, the implications of Brexit for European couples separating or divorcing and for their families is wide-reaching and of concern to all family practitioners.’

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Family Law, 10th May 2018

Source: www.familylaw.co.uk

Leave to remove post-Brexit: appealing an appeal – Family Law

Posted April 9th, 2018 in appeals, brexit, children, custody, EC law, foreign jurisdictions, news by tracey

‘In the recent case of L v F [2017] EWCA Civ 2121 the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.’

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Family Law, 6th April 2018

Source: www.familylaw.co.uk

EU: Brexit ‘no deal’ will hit copyright and database owners – OUT-LAW.com

Posted April 4th, 2018 in brexit, copyright, database right, domicile, EC law, news by sally

‘UK businesses will lose any database rights they enjoy across the EU at the point of Brexit as it stands, the European Commission has said.’

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OUT-LAW, 3rd April 2018

Source: www.out-law.com

Law Pod UK Ep. 25: The Draft EU Withdrawal Agreement – line by line – 1 COR

Posted March 20th, 2018 in agreements, brexit, EC law, news, treaties by sally

‘The Draft EU Withdrawal Agreement is the Brexit political agreement turned into a legal document. Prof. Catherine Barnard of the University of Cambridge gives Boni Sones her own analysis of the text and asks ‘What now for Theresa May?”

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Law Pod UK, 15th March 2018

Source: audioboom.com

EU to publish first draft of Brexit treaty – BBC News

Posted February 28th, 2018 in brexit, constitutional reform, EC law, news, Northern Ireland, treaties by sally

‘The European Union is set to publish a legal draft of its Brexit withdrawal agreement for the first time, detailing the terms of the UK’s departure.’

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BBC News, 28th February 2018

Source: www.bbc.co.uk

European Court of Justice asked to rule on whether UK nationals can keep EU citizenship after Brexit – The Independent

Posted February 8th, 2018 in brexit, citizenship, EC law, foreign jurisdictions, news, treaties by tracey

‘The EU’s highest court has been asked to rule on whether British nationals should be able to keep their EU citizenship after Brexit, in a major upset that could send negotiations between Brussels and the UK into chaos.’

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The Independent, 7th February 2018

Source: www.independent.co.uk

Four Reasons for Retaining the Charter: Part 2 – Remedies – Oxford Human Rights Hub

‘The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the Charter is not retained as part of domestic law. The second reason for retaining the Charter draws attention to the remedy provided when rights are breached. Individuals relying on the Charter at the moment can use the Charter to disapply legislation which breaches Charter rights. This is a legally binding remedy which invalidates the relevant legislation. This is not the case for those relying on common law rights, or their Convention rights under the Human Rights Act.’

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Oxford Human Rights Hub, 4th February 2018

Source: ohrh.law.ox.ac.uk

Four Reasons for Retaining the Charter Post Brexit: Part 1 – A Broader Protection of Rights – Oxford Human Rights Hub

Posted February 5th, 2018 in brexit, constitutional reform, EC law, human rights, news, treaties by sally

‘This series of short blog posts will argue that there are four main reasons for allowing the EU Charter of Fundamental Rights to continue to have domestic effect in UK law. First, it provides a broader scope of rights than either the ECHR or the common law. Second, it provides a better remedy for a breach of rights. Third, to retain the Charter provides greater clarity as to the extent to which human rights are protected in the UK. Fourth, the Charter provides for a protection of rights that has more democratic credentials than either the common (judge-made) law, or the ECHR. The final blog post will explain why the Government’s main argument against retention of the Charter – that it only applies within the scope of EU law – does not provide a justification for removing the Charter from domestic law.’

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Oxford Human Rights Hub, 2nd February 2018

Source: ohrh.law.ox.ac.uk

CIGI: Brexit, Brexatom, the Environment and Future International Relations (Stephen Tromans QC) – 39 Essex Chambers

Posted February 2nd, 2018 in brexit, EC law, environmental protection, news by sally

‘The terms of the United Kingdom’s exit from the European Union remain vague and fluid at the time of writing. However, it is clear that the prospect has given rise to concern as to the future shape and effectiveness of environmental law following Brexit. EU environmental law, as it has evolved and expanded since the early 1970s, has exerted a profound influence over the law of the United Kingdom, and has in many areas resulted in entrenched environmental problems being tackled and environmental standards being improved.’

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39 Essex Chambers, January 2018

Source: www.39essex.com

Brexit Bill passes first House of Lords hurdle, but real test still to come, says expert – OUT-LAW.com

Posted February 2nd, 2018 in bills, brexit, EC law, news, parliament by sally

‘The government’s main piece of legislation on withdrawal from the European Union has cleared its first hurdle in the House of Lords.’

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OUT-LAW.com, 1st February 2018

Source: www.out-law.com

Tax experts ‘concerned’ by post-Brexit customs law plans – OUT-LAW.com

Posted January 30th, 2018 in bills, brexit, customs and excise, EC law, news, treaties by sally

‘The UK government’s desire to keep planned post-Brexit customs and tax legislation as wide as possible risks creating “unnecessary uncertainty” for businesses, tax experts have warned.’

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OUT-LAW.com, 29th January 2018

Source: www.out-law.com

Brexit: EU (Withdrawal Bill) fundamentally flawed, say peers – BBC News

Posted January 29th, 2018 in bills, brexit, constitutional reform, EC law, news, select committees, treaties by sally

‘Proposed legislation bringing existing EU law into UK law is “fundamentally flawed” and needs to be reworked, a Lords committee has said.’

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BBC News, 29th January 2018

Source: www.bbc.co.uk

Law Pod UK Ep. 21: Outlining the Legal Milestones to Brexit – 1 COR

Posted January 22nd, 2018 in brexit, constitutional reform, EC law, news, treaties by sally

‘In December 2017, the principles of Britain’s divorce from the European Union were agreed, and we now move to what Theresa May has called the “implementation phase”. But, as Professor Catherine Barnard of Cambridge University tells Bonnie Soames, it should really be termed “the transition”.’

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Law Pod UK, 17th January 2018

Source: audioboom.com

The EU Withdrawal Bill and Judicial Review: Are we ready? – UK Human Rights Blog

Posted January 16th, 2018 in bills, brexit, constitutional reform, EC law, human rights, judicial review, news by sally

‘A battle cry of the Brexiteers during the referendum campaign was a rousing appeal to restore the supremacy of Parliament: to free our great nation from its subservience to EU law. There is therefore a dispiriting irony that the process of withdrawal that is proposed in the EU Withdrawal Bill will lead to a hollowing out of the authority of Parliament[1]. On an unprecedented scale, it is proposed that Parliament will divest itself of powers in its traditional sphere of authority – that of legislating pursuant to the mandate granted by the electorate – and transfer such powers to the Executive. At the same time, there will be a sapping of Parliamentary power to the Judiciary, who will be required to adjudicate on issues of policy that would be expected to have been determined by the sovereign Parliament, unless some clear interpretative guidance is provided in the approach to be adopted to policy issues that will inevitably arise.’

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UK Human Rights Blog, 15th January 2018

Source: ukhumanrightsblog.com

Brexit bill may have broken international environment law, says UN – The Guardian

Posted January 10th, 2018 in bills, brexit, consultations, EC law, environmental protection, international law, news by sally

‘The British government may have breached a major “environmental democracy” law by failing to consult the public when drawing up Brexit legislation.’

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The Guardian, 9th January 2018

Source: www.theguardian.com