When is a Right not a Right? The British Bill of Rights – Oxford Human Rights Hub

Posted July 8th, 2022 in bills, brexit, constitutional law, human rights, news by sally

‘The Bill of Rights Bill, which repeals the Human Rights Act 1998, claims to ‘give effect’ to the rights set out in the European Convention on Human Rights. (Cl. 2). But its core aim is to ‘increase democratic oversight of human rights issues’ (Explanatory Note 2. B. p. 3). This aim is sought in a number of ways, one of the most important being set out in Clause 7.’

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Oxford Human Rights Hub, 7th July 2022

Source: ohrh.law.ox.ac.uk

The Bill of Rights Act 2022 and employment law: free speech implications – by Gus Baker – UK Labour Law

‘The “Bill of Rights Bill” (the “Bill”), introduced to Parliament on 22 June this year, has the potential to have significant implications for employment law. Once tribunals and courts accept the Bill’s exhortation to give “great weight” to freedom of speech, the consequences for workplace relations may be profound.’

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UK Labour Law, 6th July 2022

Source: uklabourlawblog.com

Iain Jamieson: Effect of the Bill of Rights upon the meaning of Convention Rights under the Scotland Act – UK Constitutional Law Association

Posted July 6th, 2022 in brexit, constitutional law, devolution issues, human rights, news, Scotland by sally

‘The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known.’

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UK Constitutional Law Association, 5th July 2022

Source: ukconstitutionallaw.org

NewsUKHome News Home Office dragged to High Court by Brexit deal watchdog over ‘unlawful’ treatment of EU citizens – The Independent

‘The Home Office is being taken to court by a government-sponsored Brexit watchdog over the “unlawful” treatment of 2.5 million EU citizens in the UK. The High Court has confirmed that the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA), designed to protect the rights of EU nationals in the UK, has been granted permission to proceed with a judicial review claim against the department.’

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The Independent, 30th June 2022

Source: www.independent.co.uk

UK government to scrap European law protecting special habitats – The Guardian

‘Environment secretary George Eustice wants to tear up a key piece of European law that environmentalists say protects cherished habitats in the UK.’

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The Guardian, 30th June 2022

Source: www.theguardian.com

Daniella Lock: Three Ways the Bill of Rights Bill Undermines UK Sovereignty – UK Constitutional Law Association

‘The Bill of Rights Bill is framed by the Government as necessary to ensure “meaningful democratic oversight” of human rights protection in the UK, with Conservative MPs keen to present the Bill as a means to restore sovereignty in the face of interfering judges – both at the level of the European Court of Human Rights (ECtHR) and UK courts. However, as this post will argue, the Bill undermines sovereignty and meaningful democratic oversight of rights protection in at least three ways not acknowledged by the Government and the Bill’s supporters. These are in the Bill’s process, presentation and procedures. That is, sovereignty is undermined by, first, the Bill’s process through Parliament, second, its presentation to Parliament by the Government, and third, via the procedures contained in the Bill that facilitate executive interference with judicial scrutiny of human rights protection. As we will see, while the Government purports to be placing parliamentary authority at the centre of UK human rights protection, in reality the executive is seeking more power to manipulate human rights law to its own advantage.’

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UK Constitutional Law Association, 27th June 2022

Source: ukconstitutionallaw.org

Research Briefing: Northern Ireland Protocol – House of Commons Library

‘Briefings on the Northern Ireland Protocol, including on EU-UK negotiations, Article 16, international law, and information on the UK Government announcement to change the Protocol through the Northern Ireland Protocol Bill.’

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House of Commons Library , 26th June 2022

Source: commonslibrary.parliament.uk

UK data protection reforms announcement imminent – OUT-LAW.com

Posted June 15th, 2022 in bills, brexit, data protection, EC law, government departments, news by sally

‘The UK government has said it expects to outline its plans for reform to data protection law this month.’

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OUT-LAW.com, 14th June 2022

Source: www.pinsentmasons.com

Ronan Cormacain: Does the Vienna Convention provide a legal off-ramp for unilaterally changing the Northern Ireland Protocol? – UK Constitutional Law Association

‘The Northern Ireland Protocol is part of the Withdrawal Agreement, designed to set out the legal parameters of the withdrawal of the UK from the EU. The Government proposes to introduce legislation to unilaterally change the Protocol. On the face of it, this would appear to place the Government on the highway to a breach of international law. But are there any off-ramps which allow it to avoid this destination? This blog post examines one possible off-ramp, that this course of action is consistent with the Vienna Convention on the Law of Treaties 1969.’

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UK Constitutional Law Association, 13th June 2022

Source: ukconstitutionallaw.org

Fury as government waters down post-Brexit food standards – The Guardian

Posted June 14th, 2022 in agriculture, brexit, food, news by sally

‘Animal welfare campaigners, food policy experts and farmers have reacted with fury after the government watered down post-Brexit trade deal standards in its food strategy, released on Monday.’

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The Guardian, 13th June 2022

Source: www.theguardian.com

Lady Rose, United Kingdom Association For European Law Annual Lecture – Supreme Court

Posted June 6th, 2022 in brexit, EC law, speeches, Supreme Court by tracey

“Lady Rose, United Kingdom Association For European Law Annual Lecture”

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Supreme Court, 23rd may 2022

Source: www.supremecourt.uk

Randhawa v Randhawa: set aside of Decree Absolute on the finding of forged divorce document – Family Law

Posted June 6th, 2022 in brexit, divorce, documents, families, family courts, forgery, news, setting aside by tracey

‘The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.’

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Family Law, 27th May 2022

Source: www.familylaw.co.uk

Sir Jonathan Jones QC (Hon): The Northern Ireland Protocol, International Law and the Attorney General – UK Constitutional Law Association

‘The Times recently (11 May 2022) reported that the Attorney General, Suella Braverman, had received, and given, legal advice to the effect that proposed government action in relation to the Northern Ireland Protocol was compatible with international law. As I write, we have still not seen details of either the proposals or the legal arguments on which the government intends to rely. What is going on?’

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UK Constitutional Law Associaiton, 30th May 2022

Source: ukconstitutionallaw.org

The CJEU casts doubt on England’s new post-Brexit divorce jurisdiction law – Family Law

‘A recent decision of the CJEU has addressed the definition of habitual residence for divorce jurisdiction under Art 3 of BIIA. It confirms the interpretation hitherto held in England that a party can have only one habitual residence at one time. But it has also given a strong indication that habitual residence has to be continuous for the requisite period before the date of issuing of proceedings and not just on the date of issue. This has been a controversy in English case law over many years, with the majority of professional opinion allegedly being that habitual residence was only necessary on the date of issue and merely residence for the requisite preceding period. The Ministry of Justice relied on this interpretation in drafting England’s new post Brexit divorce jurisdictional law, on the basis of following EU law. Now, seemingly, that is not so. What will now be the position in England dealing with cases involving EU Member States? In any event what is the position with transitional cases?’

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Family Law, 12th May 2022

Source: www.familylaw.co.uk

Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer

‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’

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Local Government Lawyer, 5th May 2022

Source: www.localgovernmentlawyer.co.uk

Anonymity: politics, polarisation and the public interest – UK Human Rights Blog

‘In the politically-charged and at times feverish aftermath of the Brexit referendum, Gina Miller became a “magnet for hatred” for exercising her right of access to courts and winning two landmark public law cases against the UK Government. The magnitude and ferocity of abuse directed at Gina Miller made those who followed in her footsteps wary enough to seek anonymity. In Yalland and others v Brexit Secretary, 4 claimants were granted anonymity in relation to a judicial review claim concerning UK participation in the European Economic Area Agreement.’

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UK Human Rights Blog, 15th March 2022

Source: ukhumanrightsblog.com

Court upholds ruling that Northern Ireland Protocol is lawful – The Independent

Posted March 15th, 2022 in appeals, brexit, international trade, news, Northern Ireland by tracey

‘The Northern Ireland Protocol is lawful, the Court of Appeal in Belfast has upheld. DUP leader Sir Jeffrey Donaldson said the legal challenge will now go to the Supreme Court.’

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The Independent, 14th March 2022

Source: www.independent.co.uk

TikTok: lawyers ‘unwisely’ waited until last minute – Law Society’s Gazette

‘The High Court has dealt a blow to the claimant in a high-profile privacy claim against social media platform TikTok after refusing an extension of time for service.
In SMO (A Child) v Tiktok Inc & Ors Mr Justice Nicklin said that the “inescapable reality” of why the claimant needed an extension was that she had waited until the last minute to meet key deadlines.’

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Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

‘Surinder Singh’ Route to Close On 29 March 2022 – EIN Blog

Posted March 8th, 2022 in brexit, families, immigration, married persons, news by tracey

‘On 29 March 2022 at 2300 GMT, the route for British Citizens to make applications under the EU Settlement Scheme for family permits for their family members to return with or join them in the UK will close.’

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EIN Blog, 7th March 2022

Source: www.ein.org.uk

Home Office to pay UK resident £5,750 for 10-hour Calais detention – The Guardian

Posted March 7th, 2022 in brexit, compensation, detention, government departments, immigration, news by tracey

‘The Home Office has agreed to pay nearly £6,000 in a settlement to an EU citizen it detained at the border in a post-Brexit crackdown on Europeans entering the country last year.’

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The Guardian, 6th March 2022

Source: www.theguardian.com