Extradition under the EU–UK Trade and Cooperation Agreement – 5SAH

Posted April 9th, 2021 in brexit, chambers articles, extradition, news by sally

‘When the EU–UK Trade and Cooperation Agreement (TCA) was reached between the UK and the EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if anything, would remain from the European Arrest Warrant (EAW) system before it came into force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or “surrender” between EU member states and the UK. In short, the EAW system no longer applies. The authors set out how the TCA provides a degree of continuity, now under the watchful eye of the UK–EU “Specialised Committee on Law Enforcement and Judicial Cooperation”. There are notable departures from the EAW system however, in both practical and legal terms, that open the door to increased scrutiny of extradition requests. The authors explore the impact these changes may have on the future of extradition with the EU27, to or from the UK.’

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5SAH, 10th March 2021

Source: www.5sah.co.uk

Thousands of EU children face ‘cliff edge’ as still without post-Brexit status three months before deadline – The Independent

Posted March 30th, 2021 in brexit, children, families, immigration, news, visas by tracey

‘Thousands of European children living in care in the UK face becoming undocumented within months as only one in four has been granted post-Brexit immigration status, data reveals.’

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The Independent, 30th March 2021

Source: www.independent.co.uk

Home Office still has no agreements with other countries for deportations central to new immigration plan – The Independent

Posted March 26th, 2021 in asylum, brexit, deportation, EC law, government departments, immigration, news, refugees by tracey

‘Britain still has no way of deporting refugees from the UK to other countries, the Home Office has confirmed – despite this being a key component of its asylum overhaul announced on Wednesday. Priti Patel has unveiled new measures that will see refugees who arrive in Britain via unauthorised routes denied an automatic right to asylum and instead regularly reassessed for removal to safe countries they passed through, which are usually in the EU.’

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The Independent, 25th March 2021

Source: www.independent.co.uk

Brexit: UK lost ‘significant’ access to EU policing data under deal, report warns – BBC News

Posted March 26th, 2021 in brexit, data protection, news, police by tracey

‘Britain has lost “significant” access to EU policing data under the Brexit deal negotiated at the end of last year, a House of Lords report has said. It also concluded that post-Brexit law enforcement arrangements are “complex” and “untested”.’

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BBC News, 26th March 2021

Source: www.bbc.co.uk

Brexit: EU launches legal action against UK over ‘serious’ Northern Ireland protocol breach – The Independent

Posted March 16th, 2021 in brexit, international trade, news, Northern Ireland, treaties by tracey

‘Brussels has launched legal action against the UK government after Boris Johnson announced he would renege on parts of the deal he signed last year.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

High Court: restructuring plans are ‘insolvency proceedings’ – OUT-LAW.com

Posted March 15th, 2021 in banking, brexit, company law, EC law, insolvency, jurisdiction, news by tracey

‘A recent High Court decision on the legal status of a UK statutory restructuring plan may impact on the way in which these proceedings are viewed by European courts post-Brexit.’

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OUT-LAW.com, 12th March 2021

Source: www.pinsentmasons.com

High court rejects bid to extend UK’s EU settlement scheme – The Guardian

‘The high court has rejected a legal bid for an extension to the EU settlement scheme (EUSS), dismissing campaigners’ concerns that those EU residents who fail to apply to remain in the UK before July could face “devastating” consequences, similar to those experienced by the Windrush generation.’

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The Guardian, 11th March 2021

Source: www.theguardian.com

UK to depart from GDPR – Law Society’s Gazette

Posted March 8th, 2021 in brexit, data protection, EC law, government departments, news, privacy by tracey

‘The government has sent a first signal of its intention for UK data protection laws to part company with the EU’s General Data Protection Regulation. In a Financial Times article last week, culture secretary Oliver Dowden said he would use the appointment of a new information commissioner to focus not just on privacy but on the use of data for “economic and social goals”.’

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Law Society's Gazette, 8th March 2021

Source: www.lawgazette.co.uk

UK broke law by ‘systematically and persistently’ breaching air pollution limits, top court rules – The Independent

Posted March 5th, 2021 in brexit, EC law, environmental health, government departments, news, pollution by tracey

‘The EU’s top court court has ruled that the UK broke the law by “systematically and persistently” breaching air pollution limits.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian

‘The former judge and renowned historian loses his cool on Covid and the culture wars.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Injured off-road victims ‘sacrificed at hands of Brexit’, say lawyers – Law Society’s Gazette

Posted March 2nd, 2021 in agriculture, brexit, insurance, motorcycles, news, personal injuries, sport by sally

‘Personal injury lawyers have warned that the UK government’s decision to ditch a European ruling on private land vehicles risks sacrificing the rights of injured people “in the name of Brexit”.’

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Law Society's Gazette, 1st March 2021

Source: www.lawgazette.co.uk

How Will Immigration Policies Impact Haulage? – EIN Blog

Posted March 2nd, 2021 in brexit, carriage of goods, immigration, news by sally

‘Brexit cannot be blamed for all the challenges the haulage industry is currently facing. On the other hand, it isn’t helping either. In particular, it’s making recruitment even harder.’

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EIN Blog, 1st March 2021

Source: www.ein.org.uk

What Brexit means for employers and the right to work – EIN Blog

‘In simple terms, Brexit means that EU/EEA nationals are now treated the same way as non-EU/EEA nationals. This fact may, however, not be a lot of help to employers who have only ever recruited from the UK, EU and EEA. With that in mind, here is a quick guide to the new rules.’

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EIN Blog 22nd February 2021

Source: www.ein.org.uk

European Commission approval for the ‘adequacy’ status of our data protection laws has been welcomed by the government. But is the UK making the wrong choice of regimes? – Law Society’s Gazette

Posted February 22nd, 2021 in brexit, data protection, EC law, news by tracey

‘Last week’s news that the European Commission is to approve the treasured ‘adequacy’ status of UK data protection laws came as a relief to much of the legal sector. Apart from allowing businesses to continue sharing personal data across the EU when the current bridging agreement expires in June, adequacy status also helps with law enforcement and other matters where cross-border co-operation is vital.’

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Law Society's Gazette, 22nd February 2021

Source: www.lawgazette.co.uk

Brexit: DUP launches court challenge to Northern Ireland protocol – The Independent

Posted February 22nd, 2021 in brexit, EC law, judicial review, news, Northern Ireland by tracey

‘DUP leader Arlene Foster has launched legal action to challenge the Northern Ireland protocol amid unionist anger over post-Brexit trade disruption. The judicial review proceedings will argue that the new checks on goods moving from Great Britain to Northern Ireland were imposed without the consent of the public.’

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The Independent, 22nd February 2021

Source: www.independent.co.uk

Effect on Brexit on Part 26A Arrangements and Reconstructions – Wilberforce Chambers

Posted February 11th, 2021 in brexit, chambers articles, EC law, insolvency, news by sally

‘It is one of the ironies of Brexit that the UK has effectively implemented many of the features of the 2019 EU Restructuring Directive[1], providing for restructuring plans with cross-class cram down and moratoria, before all of the remaining EU member states (although the Corporate Insolvency and Governance Act 2020 was avowedly not the implementation of EU law). The EU member states are required to implement the Restructuring Directive by 17 July 2021, although to date only Germany, the Netherlands and Greece have done so and many more are expected to seek an extension of the deadline to July 2022.’

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Wilberforce Chambers, February 2021

Source: www.wilberforce.co.uk

The new UK subsidy control regime – Brexit Law

Posted February 5th, 2021 in brexit, consultations, EC law, government departments, news, state aids by sally

‘The UK government’s Department for Business, Energy and Industrial Strategy (“DBEIS”) announced yesterday [3 February] a consultation on new legislation to establish a domestic subsidy control regime.[i] The proposals are outlined in a consultation document “Subsidy control Designing a new approach for the UK”.[ii] The closing date for responses to the consultation document is 31st March 2021.’

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Brexit Law, 4th February 2021

Source: brexit.law

EU Settlement Scheme – Read the small print – EIN Blog

Posted February 5th, 2021 in brexit, citizenship, EC law, immigration, news by sally

‘The EU Settlement Scheme is being hailed as a great success, with well over 5 million people who have now applied under the scheme and one might be persuaded to consider it as being a good thing. It would have been much better however, if it had not been a constituent scheme, where people who had been living in the country for decades, were forced to “apply to prove their right to live here” or else face the might of the hostile environment.’

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EIN Blog, 4th February 2021

Source: www.ein.org.uk

UK government use of Henry VIII clauses to be challenged in court – The Guardian

Posted February 1st, 2021 in brexit, EC law, judicial review, news, parliament, state aids, statute law revision by tracey

‘A government move to change state aid rules after Brexit without a vote in parliament is being challenged in court, with a legal campaign group warning the manoeuvre could lead to a similar lack of scrutiny in areas such as workers’ rights and environmental protections.’

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The Guardian, 1st February 2021

Source: www.theguardian.com

A ‘brave new world’ for UK extradition law? – Law Society’s Gazette

Posted January 28th, 2021 in brexit, EC law, extradition, news, warrants by sally

‘Upon our departure from the EU, the UK extradition landscape has changed – although not as much as one might think.’

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Law Society's Gazette, 27th January 2021

Source: www.lawgazette.co.uk