Brexit through the Gift Shop? Are we about to give away our competition law claims? – Blackstone Chambers

Posted December 8th, 2017 in bills, brexit, competition, EC law, news, treaties by sally

‘Recent press reports have suggested that competition lawyers in other Member States have been confidently predicting the death of cartel claims in the UK following Brexit. But reports of the demise of this species of litigation are premature. The European Communities Act 1972 (the ECA 1972) will be repealed following the entry into force of the European Union (Withdrawal) Bill (the Bill). But this is unlikely to have any significant impact on the ability of claimants to bring claims before UK courts for damages caused by infringement of Article 101 of the Treaty on the Functioning of the European Union (TFEU) – at least for quite some time. The reason for this is the provisions of the Bill that protect rights that have accrued prior to “exit day”.’

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Blackstone Chambers, 4th December 2017

Source: www.blackstonechambers.com

Brexit: UK fails to retain voice in European court of justice – The Guardian

Posted December 7th, 2017 in barristers, brexit, courts, EC law, news by sally

‘Theresa May has failed to get the EU to agree that Britain will retain a voice at the European court of justice in return for her concession that the Luxembourg court will retain a role in protecting citizens’ rights in the UK after Brexit.’

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The Guardian, 7th December 2017

Source: www.theguardian.com

The Trade Bill – renegotiation and renewal of EU trade agreements after Brexit – in this new constitutional territory more Parliamentary scrutiny is urgently needed – Brexit Law

‘The lack of adequate Parliamentary scrutiny when the UK negotiates trade agreements (something it has not done in its own right for many years) has come to the attention of the House of Commons International Trade Committee. This is timely given the prospect of the UK negotiating the single most important trade agreement it is likely to negotiate for a long time – its future trade agreement with the EU. The context for the Committee’s concern is its inquiry into the Trade Bill. One of the issues which the Bill addresses is the domestic implementation in the UK of those EU trade agreements which are adapted for continued application by the UK after Brexit. The Committee has asked whether Parliamentary scrutiny of ministerial rules implementing these agreements is adequate, and, more broadly, whether scrutiny of the UK signing up to these and other trade agreements, is adequate.’

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Brexit Law, 6th December 2017

Source: brexit.law

Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the UK’s jurisdiction and English law after Brexit – Courts and Tribunals Judiciary

Posted December 1st, 2017 in brexit, EC law, jurisdiction, speeches by tracey

‘Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the UK’s jurisdiction and English law after Brexit.’

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Courts and Tribunals Judiciary, 30th November 2017

Source: www.judiciary.gov.uk

Regulators toughen expectations on financial services firms’ Brexit preparations – OUT-LAW.com

Posted November 29th, 2017 in brexit, EC law, financial regulation, insurance, news, pensions by sally

‘The European Insurance and Occupational Pensions Authority (EIOPA) has warned UK financial firms that they should not rely on leniency from local regulators in the EU if the UK exits the trading bloc without a deal on the cross-border provision of financial services provision in place.’

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OUT-LAW.com, 28th November 2017

Source: www.out-law.com

Thomas Horsley: In (Domestic) Courts We Trust: The European Union (Withdrawal) Bill and The Interpretation of Retained EU Law – UK Constitutional Law Association

Posted November 28th, 2017 in bills, brexit, EC law, interpretation, news, treaties by sally

‘Earlier in the year, I posted on the importance of Parliament legislating to provide a new ‘constitutional instruction’ to national courts to replace that currently set out in the European Communities Act 1972 (ECA) and offer clear guidance on judicial interpretation post-Brexit (see here). The European Union (Withdrawal) Bill provides domestic courts with that instruction as part of its effort to prepare the UK legal order for the challenges of leaving the European Union. This second post reviews the terms of that instruction and reflects on the scope that it would afford national courts to shape the development of domestic law post-Brexit.’

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UK Constitutional Law Association, 27th November 2017

Source: ukconstitutionallaw.org

Armin Cuyvers: Two Legal Tools to Avoid Hard Brexit: Delayed Exit and Decreasing Membership under Article 50 TEU – UK Constitutional Law Association

Posted November 28th, 2017 in brexit, constitutional reform, delay, EC law, news, treaties by sally

‘Faced with a cliff, jumping is generally considered one of the least pleasant solutions. Yet we are racing towards the edge of the Brexit cliff. Miracles excluded, the UK and EU will not be able to finalize the necessary Brexit agreements in time. Effectively, there is less than a year left, and we have not even moved beyond the Brexit bill. As an extension of the two-year term seems politically impossible in the UK, we seem left with one unlikely and one disastrous possible outcome.’

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UK Constitutional Law Association, 24th November 2017

Source: ukconstitutionallaw.org

UK law ‘to recognise animal feelings’ – BBC News

Posted November 24th, 2017 in animal cruelty, animals, bills, brexit, EC law, news by tracey

‘Ministers are considering how to amend UK law to recognise animal sentience after Brexit, Michael Gove says.’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

Benkharbouche: EU Law reigns supreme (for now) & other important lessons – Cloisters

‘The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals. But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, the role and significance of the Charter of Fundamental Rights of the EU (“CFREU”) and the way in which it confers a free standing route to dis-applying primary legislation as well as raising questions on the impact of Brexit. It follows that it is essential reading for employment lawyers. Jacques Algazy QC analyses these issues in this blog.’

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Cloisters, 2nd November 2017

Source: www.cloisters.com

Rule of law in UK at risk after Brexit, says former supreme court president – The Guardian

‘The legal implications of leaving the EU have not been thought through, could overwhelm the supreme court and endanger the independence of the British judiciary, four senior retired judges have warned.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Article 15 transfer requests – what happens next? (FE v MR and Others) – Family Law

Posted November 20th, 2017 in brexit, children, contact orders, custody, divorce, EC law, jurisdiction, news by tracey

‘Family analysis: Analysing a case where the Family Court submitted a ‘highly unusual’ request under Article 15 of Brussels II bis to the Spanish court for it to transfer jurisdiction to the courts of England and Wales, Chris Stevenson, barrister at Fourteen, questions how such cases will be approached in a post-Brexit world.’

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Family Law, 17th November 2017

Source: www.familylaw.co.uk

Brexit and the potential implications on couples and families – Family Law

Posted November 1st, 2017 in brexit, EC law, families, freedom of movement, news by sally

‘Since joining the EU, the free movement of people throughout Europe has led to an increase in international families in the UK, with more marriages involving people of different nationalities and from different cultures than ever before. The large number of international families in the UK could mean social, economic and legal complexities post-Brexit, with studies already showing that Brexit is causing friction within families.’

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Family Law, 1st November 2017

Source: www.familylaw.co.uk

Government reiterates plans for EU-UK data flows post-Brexit amidst criticism of Data Protection Bill powers – OUT-LAW.com

‘The UK government has reiterated its plans to establish an agreement with the remainder of the EU member states that will allow personal data to flow across borders unhindered post-Brexit.’

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OUT-LAW.com, 30th October 2017

Source: www.out-law.com

Alison Young: Benkharbouche and the Future of Disapplication – UK Constitutional Law Association

Posted October 26th, 2017 in bills, brexit, conflict of laws, EC law, jurisdiction, news, Supreme Court, working time by sally

‘Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and Commonwealth Affairs and Libya v Janah. The case would have been heard in December of last year, but for the small matter of Miller, which caused the hearing to be moved to June of this year. Brexit and Miller, however, do not only seem to have affected the timing of the hearing. They have also affected its importance. What might have been originally anticipated as a potentially defining moment – where the Supreme Court confirmed that the EU’s Charter of Fundamental Rights and Freedoms could be used as a stand-alone cause of action to disapply primary legislation and explained how this could be achieved – was translated into an almost blasé statement by the court that ‘a conflict between EU law and English domestic law must be resolved in favour of the former, with the latter being disapplied; whereas the remedy in the case of inconsistency with Article 6 of the Human Rights Convention is a declaration of incompatibility.’ What might once have seemed controversial has become run of the mill. What has led to the casual acceptance of ‘disapplication’ of a UK statute; and what will happen to disapplication – and the Charter – post-Brexit?’

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UK Constitutional Law Association, 24th October 2017

Source: ukconstitutionallaw.org

ECJ status post-Brexit – Counsel

Posted October 20th, 2017 in bills, brexit, EC law, interpretation, news by sally

‘Will the UK need to keep an eye on ECJ rulings after withdrawal? Rhodri Thompson QC examines the practical and political difficulties.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

Keir Starmer Talks Human Rights, Brexit, and Everything In-Between – RightsInfo

Posted October 20th, 2017 in brexit, EC law, human rights, news, terrorism by sally

‘Human rights took centre-stage – alongside a healthy dose of politics – at a discussion between Shadow Minister for Brexit Sir Keir Starmer and the BBC’s Jo Coburn this week.’

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RightsInfo, 19th October 2017

Source: rightsinfo.org

Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law? – UK Constitutional Law Association

‘Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia of a prosperous global Buccaneering Britain has come in the form of a trade dispute between the U.S. and a Canadian aircraft manufacturer which could have a devastating impact on the Northern-Irish economy where the manufacturer has a significant base; and the threat from a gang of countries that they will not accept a proposed agreement (one of the few agreements for now) between the EU and UK as to the divvying up of agricultural import quotas after Brexit. Perhaps most galling on this front is the fact that the gang involves those with whom it was hoped trade deals would be swiftly struck; including the U.S. and New Zealand.’

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UK Constitutional Law Association, 10th October 2017

Source: ukconstitutionallaw.org

Brexit and the Irish Bar – Brexit Law

‘The Brexit vote has opened a Pandora’s box of uncertainties for UK lawyers, not least the issue of how leaving will affect their rights to practise in the EU.’

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Brexit Law, 6th October 2017

Source: brexit.law

FCA chief calls for continued cooperation in financial sector post-Brexit – OUT-LAW.com

Posted October 3rd, 2017 in brexit, EC law, financial regulation, news, treaties by sally

‘The chief executive of the UK’s Financial Conduct Authority (FCA), Andrew Bailey, has called for close cooperation between regulatory bodies to ensure continuity of service for financial institutions after Brexit.’

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OUT-LAW.com, 2nd October 2017

Source: www.out-law.com

House of Lords committee to look into need for Brexit transition deal – OUT-LAW.com

Posted September 29th, 2017 in brexit, EC law, inquiries, international relations, news, select committees, speeches, treaties by sally

‘A House of Lords committee is to examine the legal basis for, and potential costs to the UK of, a time-limited Brexit transitional period.’

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OUT-LAW.com, 28th September 2017

Source: www.out-law.com