Devolved powers and the internal market post-Brexit – UK Human Rights Blog

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

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UK Human Rights Blog, 3rd March 2022

Source: ukhumanrightsblog.com

A Case 40 Years Ago Led To Ban On Beating Children In State Schools – Each Other

‘Corporal punishment includes violence against children through any form of ‘physical force’ that is used to inflict pain. As well as causing harm and discomfort, the perpetration of any form of violence against children represents a violation of their rights.’

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Each Other, 25th February 2022

Source: eachother.org.uk

Keep EU law or face ‘unpredictable consequences’, former GLD chief warns – Law Society’s Gazette

Posted February 22nd, 2022 in brexit, EC law, news, select committees, statute law revision by tracey

‘The UK should retain the supremacy of EU law in order to avoid legal uncertainty and “unpredictable consequences”, the former head of the Government Legal Department has suggested.’

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Law Society's Gazette, 21st February 2022

Source: www.lawgazette.co.uk

Latest News on The EU Settlement Scheme for 2022 – EIN Blog

Posted February 7th, 2022 in brexit, EC law, government departments, immigration, news, statistics, visas by tracey

‘It is now over 3 years since the UK Home Office launched the EU Settlement Scheme (EUSS) on 21st January 2019 in readiness for Brexit. According to the latest government data, as of the end of December 2021, 6,385,500 EUSS applications have been received, 333,200 of these arriving after the deadline of 30th June 2021. So far, 6,057,400 EUSS applications have been processed, resulting in 52% of applicants receiving settled status, 41% receiving pre-settled status, and 3% receiving a refusal. Their data also shows that EUSS applications received since 30th June 2021 have been a mix of late applicants, joining family members, and those moving from pre-settled to settled status. Here we look at the conclusions of the latest EUSS inspection by the Independent Chief Inspector of Border and Immigration and some of the issues applicants are now experiencing with their applications and getting help.’

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EIN Blog, 3rd February 2022

Source: www.ein.org.uk

Flight compensation overhaul for domestic airline passengers – The Independent

‘The days of £220 payouts to delayed passengers who have paid only £30 for a domestic flight may soon be over. The Department for Transport (DfT) is consulting on proposals to overhaul the European air passengers’ rights rules for flights within the UK.’

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The Independent, 31st January 2022

Source: www.independent.co.uk

Government to launch ‘Brexit Freedoms’ Bill to amend outdated EU law – The Independent

Posted January 31st, 2022 in bills, brexit, EC law, government departments, news, statute law revision by tracey

‘The Government is planning to bring forward a “Brexit Freedoms” Bill to make it easier to amend outdated EU law, as part of a drive which it claims will “cut £1 billion of red tape” for UK businesses.’

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The Independent, 31st January 2022

Source: www.independent.co.uk

How will the right to work in the UK change in 2022? – EIN Blog

Posted January 28th, 2022 in brexit, EC law, employment, immigration, news, visas by tracey

‘The individuals who have the right to work in the UK has changed since the Brexit agreement came into effect, and we are likely to see some of the biggest impacts of this over the next year. That means that how people come into the country and the checks that they are subject to could be facing an overhaul, so here we take a look at how the right to work in the UK is likely to change in 2022.’

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EIN Blog, 25th January 2022

Source: www.ein.org.uk

Lawyer jailed after defying order to hand over firm’s files to SRA – Legal Futures

‘A lawyer has been jailed for 13 months after showing a “brazen disregard” for his regulator by failing to hand over his firm’s files to the Solicitors Regulation Authority (SRA).’

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Legal Futures, 21st January 2022

Source: www.legalfutures.co.uk

Stephen Tierney and Alison Young: Constitution Committee report on the Future Governance of the UK – UK Constitutional Law Association

‘Following a year-long inquiry into the future governance of the United Kingdom, the House of Lords Constitution Committee today publishes its report, Respect and Co-operation: Building a Stronger Union for the 21st century.’

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UK Constitutional Law Association, 20th January 2022

Source: ukconstitutionallaw.org

Government pauses plans to rewrite UK copyright laws after authors protest – The Guardian

Posted January 20th, 2022 in brexit, copyright, news, publishing by tracey

‘After authors including Kate Mosse and Philip Pullman warned that proposals to change the UK’s copyright laws could be “devastating” for writers, the government has paused its plans.’

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The Guardian, 19th January 2022

Source: www.theguardian.com

Advocates use ‘with respect’ in court as “marker of disrespect” – Legal Futures

Posted January 6th, 2022 in advocacy, barristers, brexit, legal language, news by sally

‘Advocates can use the word “respect” as “an implicit marker of disrespect” when addressing opposing counsel in court, academics have found.’

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Legal Futures, 6th January 2022

Source: www.legalfutures.co.uk

English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by tracey

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

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Law Society's Gazette, 29th December 2021

Source: www.lawgazette.co.uk

Van drivers in UK will need new operating licences to enter EU from May – The Guardian

Posted December 17th, 2021 in brexit, EC law, licensing, news, transport by michael

‘Van drivers will be required to get new international operating licences if they want to travel back and forth to the EU from May next year, the government has announced.’

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The Guardian, 16th December 2021

Source: www.theguardian.com

Kenneth A. Armstrong: From the Shadow of Hierarchy to the Shadow of Competition – Common Frameworks and the Disciplining of Divergence – UK Constitutional Law Association

Posted December 16th, 2021 in agreements, brexit, EC law, international relations, markets, news by sally

‘This time last year, the controversial United Kingdom Internal Market Bill was ping-ponging between the Commons and Lords. A key point of contention concerned the relationship between the ‘market access’ principles now enshrined in the Act – the mutual recognition and non-discrimination principles – and future exercises of devolved rule-making. Should post-Brexit internal regulatory divergence be legally disciplined by a strong version of the mutual recognition principle or insulated from such forces? As I explained in a contribution to this blog a year ago, a partial answer can be found in Sections 10(2) and 18(3) of the Act which allows the Secretary of State, by regulations, to amend Schedule 1 (goods) and Schedule 2 (services) to exclude the outcome of a ‘common framework agreement’ from the scope of application of the market access principles. The aim of this new post is to consider how this power is likely to work in light of a written ministerial statement made on 9 December 2021 setting out the mechanism for its implementation.’

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UK Constitutional Law Association, 15th December 2021

Source: ukconstitutionallaw.org

Home Office facing legal action over rights of 2.5 million EU nationals – The Independent

Posted December 15th, 2021 in brexit, citizenship, government departments, immigration, judicial review, news, ombudsmen by tracey

‘The Home Office is facing legal action over its treatment of millions of EU nationals in the UK.’

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The Independent, 14th December 2021

Source: www.independent.co.uk

New Judgment: Fratila and another (AP) v Secretary of State for Work and Pensions [2021] UKSC 53 – UKSC Blog

Posted December 2nd, 2021 in benefits, brexit, EC law, news, regulations, Supreme Court by sally

‘The Respondents are Romanian nationals residing in the UK. They both made applications for universal credit in June 2019. At the time of their applications, the Respondents’ right to reside in the UK arose solely from their pre-settled status under the EU Settlement Scheme. The Respondents’ applications were refused because the Universal Credit Regulations 2013, as amended by the Social Security (Income Related Benefits) (Updating and Amendment) (EU exit) Regulations 2019 (the “2019 Regulations”) do not permit universal credit to be granted solely on the basis of an individual’s pre–settled status.’

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UKSC Blog, 2nd December 2021

Source: ukscblog.com

Only five Channel migrants returned to Europe this year as minister admits ‘difficulties’ – The Independent

Posted November 18th, 2021 in brexit, deportation, EC law, immigration, news, statistics by tracey

‘Only five migrants who crossed the Channel into Britain by boat have been successfully deported back to the continent this year, an immigration minister has revealed.’

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The Independent, 17th November 2021

Source: www.independent.co.uk

Will the UK trigger article 16 – and what will happen if it does? – The Guardian

Posted November 5th, 2021 in brexit, EC law, news, Northern Ireland by michael

“Fears are growing that the UK will trigger article 16 of the Northern Ireland protocol, potentially rupturing the already strained relations with the EU. If talks with the EU collapse, it is expected just after Cop26 in seven days’ time.”

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The Guardian, 5th November 2021

Source: www.theguardian.com

UK product safety laws won’t prevent another Grenfell tragedy, report warns – The Guardian

Posted September 30th, 2021 in brexit, consumer protection, electronic commerce, news, third parties by sally

‘The UK’s product safety regime is not up to the job of preventing a tragedy such as the Grenfell Tower fire as shopping moves online and regulators take on new responsibilities following Brexit, MPs have warned.’

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The Guardian, 30th September 2021

Source: www.theguardian.com

Bringing it all back home: TUPE reform after Brexit – by Charles Wynn-Evans – UK Labour Law

Posted September 24th, 2021 in brexit, EC law, employment, interpretation, news, transfer of undertakings by sally

‘Despite the concerns expressed by many commentators ahead of Brexit about the possibility of significant deregulatory reform of employment protection legislation once the United Kingdom left the EU, precious little has been heard subsequently in this regard in terms of specific proposals other than a brief flurry of speculation earlier this year about potential reform of working time, rest break and holiday entitlement provisions. This culminated in the Government’s confirmation that a review of workers’ rights would not be proceeding and its statement, in explaining the failure to include the promised Employment Bill in the most recent Queen’s Speech, that it is “unequivocal in its commitment to protect and enhance workers’ rights as we build back better from the pandemic….”’

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UK Labour Law, 22nd September 2021

Source: uklabourlawblog.com