The Data Protection Bill: some initial observations – Panopticon

Posted September 18th, 2017 in bills, brexit, consent, data protection, EC law, internet, legal language, news, penalties by tracey

‘Parliament on Thursday 14 September. But to digest it in full, one needs time, commitment, and coffee. It is not a straightforward read. It seeks to implement the GDPR in full and in Brexit-proof fashion, to plug the gaps that the GDPR requires member states to fill, and also to apply a GDPR-like regime to areas of data processing that are not covered by the GDPR itself. The Bill is of course liable to change in the coming months, but here are some observations and highlights in the meantime.’

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Panopitcon, 18th September 2017

Source: panopticonblog.com

The landscape for child disputes post-Brexit – Family Law

Posted September 15th, 2017 in brexit, children, EC law, families, jurisdiction, news by tracey

‘Resolving the complexities of family life across international borders is notoriously complex. However, with Britain’s impending withdrawal from the EU casting an unexpected shadow over the certainty of established legislation, children and their families face an additional layer of difficulty as Britain attempts to untangle itself from existing EU regulations. To manage increasing anxiety, the Government has recently published its vision of the UK’s future partnership with the EU on this key issue entitled “Providing a cross-border civil judicial cooperation framework”. What does this tell us about how international children law disputes will be decided post-Brexit? Are we any clearer as to what impact this will have on the children caught up in these disputes?’

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Family Law, 14th September 2017

Source: www.familylaw.co.uk

Home Office leak shows unpicking of EU nationals’ family reunion rights – The Guardian

Posted September 6th, 2017 in brexit, EC law, families, immigration, jurisdiction, news by sally

‘The leaked Home Office document on Britain’s post-Brexit immigration policy spells out for the first time how ending the jurisdiction of the European court of justice will weaken family reunion rights for EU nationals in Britain.’

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The Guardian, 6th September 2017

Source: www.theguardian.com

Your employment rights could be put at risk through Brexit. Here’s why – The Guardian

Posted September 4th, 2017 in bills, brexit, EC law, employment, holiday pay, news by sally

‘Part-time and agency workers and those facing redundancy are already targeted by bosses – and the EU withdrawal bill could make them more vulnerable.’

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The Guardian, 3rd September 2017

Source: www.theguardian.com

Brexit and Data Protection – Panopticon

‘Data protection lawyers and specialists have long been used to their area of expertise being treated as a rather mould-infested and irritating area of the law, like champerty but with more Schedules. Amongst other things, Brexit seems to have caused a bit of an upsurge in interest in how cross-border data flows are going to be managed in the brave new world. (Panopticon has seen articles in the last few months mentioning the GDPR and data protection after Brexit in the LRB and Private Eye, which is a bit like unexpectedly finding your girlfriend on page 3 of the Sun and the New Left Review on the same day.) HM Government have also recognised the importance of the issue, and have today published their position paper entitled ‘The exchange and protection of personal data’.It is fair to say that the 15 pages that you print off are not ram-packed (to use Mr Corbyn’s famed train-based term) with unexpected surprises, or indeed a huge amount of detail. There will doubtless be complaints about this, but to be fair, what the UK would like from the EU in the data protection is hardly rocket science. It spends a good deal of space explaining the importance of ensuring good levels of data protection, and enabling cross-border data flows, whilst also making quite an effort to emphasise how keen the UK has been, and still is, on being at the forefront of data protection. It even suggests that the DPA 1998 implemented the Directive beyond the minimum required; perfectly fairly it points out that the DPA didn’t have to cover law enforcement data processing but chose to do so, and surely our European friends will not be so impolite as to note, for example, the need for the Court of Appeal to strike down bits of the DPA as not properly implementing the Directive in Vidal-Hall…’

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Panopticon, 24th August 2017

Source: panopticonblog.com

The UK and the CJEU after Brexit – Law & Religion UK

Posted August 24th, 2017 in brexit, courts, dispute resolution, EC law, jurisdiction, news, treaties by sally

‘Amid much media speculation, the Government has published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union.’

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Law & Religion UK, 23rd August 2017

Source: www.lawandreligionuk.com

Abducted UK children at greater risk if legal ties cut, Brexit officials say – The Guardian

Posted August 23rd, 2017 in brexit, child abduction, EC law, jurisdiction, news, treaties by sally

‘Parents in the UK would find it “much more difficult” to recover abducted children if Britain fails to persuade the EU to continue legal cooperation after Brexit, according to government officials detailing their latest plans.’

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The Guardian, 22nd August 2017

Source: www.theguardian.com

UK will keep ‘half an eye’ on ECJ rulings after Brexit, says justice minister – The Guardian

Posted August 23rd, 2017 in brexit, dispute resolution, EC law, judgments, jurisdiction, news by sally

‘Justice minister Dominic Raab has conceded the UK would keep “half an eye” on rulings by the European Union’s highest court after Brexit as the government appeared to soften its stance on how heavily the bloc would influence UK law.’

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The Guardian, 23rd August 2017

Source: www.theguardian.com

UK offers climbdown on European courts deciding cross-border cases – The Guardian

Posted August 22nd, 2017 in brexit, courts, EC law, jurisdiction, news, treaties by sally

‘Britain will be subject to the rulings of European courts after Brexit, the government has conceded, in an apparent climbdown from its promise of judicial independence.’

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The Guardian, 21st August 2017

Source: www.theguardian.com

Ex-legal chief attacks Theresa May’s ‘foolish’ claim on European court of justice – The Guardian

Posted August 21st, 2017 in brexit, customs and excise, EC law, interpretation, markets, news by sally

‘Theresa May’s Brexit strategy has been thrown into new doubt as a former head of the government’s legal services ridicules the prime minister’s claim that the UK can break free of all European laws while continuing to reap the economic benefits of the EU’s single market.’

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The Guardian, 19th August 2017

Source: www.theguardian.com

Why are judges worried about the ECJ’s post-Brexit role? – The Guardian

Posted August 9th, 2017 in brexit, EC law, interpretation, judiciary, news, precedent by sally

‘The country’s most senior judge has called for government guidance amid fears over legal precedents and the status of long-running cases.’

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The Guardian, 8th August 2017

Source: www.theguardian.com

Of course judges are worried about Brexit: their position is as clear as mud – The Guardian

Posted August 9th, 2017 in brexit, EC law, interpretation, judiciary, news by sally

‘The government must offer some clarity on the judiciary’s relationship to the ECJ – because the Brexit bill itself is ambiguous, and will lead to uncertainty all round.’

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The Guardian, 8th August 2017

Source: www.theguardian.com

Judge calls for clarity on status of ECJ rulings in UK after Brexit – The Guardian

Posted August 8th, 2017 in brexit, EC law, judges, judgments, news, parliament, treaties by sally

‘The government must provide clarity on whether it wants UK courts to take into account rulings of the European court of justice after Brexit, one of Britain’s most senior judges has said.’

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The Guardian, 8th August 2017

Source: www.theguardian.com

Law Pod UK Episode 6: The European Withdrawal Bill, and its likely impact on environmental standards – 1COR

Posted August 1st, 2017 in bills, brexit, EC law, environmental protection, news, podcasts, referendums by sally

‘David Hart talks to Rosalind English about the likely impact of the European Withdrawal Bill, and in particular the concerns about the knock on effects it might have on existing environmental standards after BREXIT.’

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Law Pod UK, 26th July 2017

Source: audioboom.com

UK litigation ‘cost effective’, LCJ declares – Law Society’s Gazette

Posted July 26th, 2017 in brexit, costs, EC law, enforcement, fees, news by sally

‘Litigation costs are more favourable in the UK than elsewhere, the lord chief justice has said, outlining an optimistic view of the UK’s legal reputation post Brexit.’

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Law Society's Gazette, 25th July 2017

Source: www.lawgazette.co.uk

House of Lords launches inquiry into post-Brexit competition policy – OUT-LAW.com

Posted July 26th, 2017 in brexit, competition, EC law, inquiries, news, select committees by sally

‘The House of Lords’ EU Internal Market Sub-Committee has launched an inquiry into the implications of Brexit on UK competition policy.’

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OUT-LAW.com, 25th July 2017

Source: www.out-law.com

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.’

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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.’

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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.’

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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.’

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Daily Telegraph, 6th July 2017

Source: www.telegraph.co.uk