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

Financial Remedy Update, January 2021 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during December 2020.’

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Family Law Week, 21st January 2021

Source: www.familylawweek.co.uk

Thousands of EU care workers in UK face losing immigration status – The Independent

Posted January 25th, 2021 in brexit, care workers, EC law, government departments, immigration, news by tracey

‘Care sector faces “devastation” as research shows one in seven EU employees unaware that they must apply to regularise status before June 2021 or be stripped of right to work and live in UK.’

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The Independent, 25th January 2021

Source: www.independent.co.uk

EU Commission issues “Notice to Stakeholders” on Brexit and State aid – EU Relations Law

Posted January 22nd, 2021 in brexit, EC law, Ireland, news, Northern Ireland, state aids by sally

‘In this post, George Peretz Q.C. of Monckton Chambers examines the EU Commission’s “Notice to Stakeholders” dated 18 January 2021 regarding State aid.’

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EU Relations Law, 21st January 2021

Source: eurelationslaw.com

Davor Jancic: The UK-EU Trade Deal: Five Important Implications for the UK Parliament – UK Constitutional Law Association

Posted January 22nd, 2021 in bills, brexit, constitutional law, EC law, news, parliament by sally

‘The announcement of the UK-EU Trade and Cooperation Agreement (TCA) on Christmas Eve 2020 may have come as a surprise given endless media reports about the negotiators’ intransigence and the imminent threat of a cliff edge. Add to this the Covid-19 pandemic and some ten months and just nine formal rounds of negotiations make it remarkable that any deal has been reached, let alone one that spans 1246 pages. To put this in context, only a fortnight before the deal was reached, Australia concluded its own 9th formal round of negotiations with the EU; however, this was after over two and half years of negotiations, which will continue for the foreseeable future. And while the resounding parliamentary vote in favour of implementing the TCA (521 votes in favour and 73 against) is good for the political legitimacy of the deal, the swiftness of the vote is less good in terms of democratic process and participation.’

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UK Constitutional Law Association, 20th January 2021

Source: ukconstitutionallaw.org

The environmental implications of the Brexit deal – UK Human Rights Blog

‘Most UK people’s 2020 Christmas eves were cheered by the news that we had some sort of Brexit deal – here, in all its majesty. Given the deadline for no deal, some deal, however thin, was a good deal better than nothing, with the ill-tempered chaos between the UK and a major trading partner which would have followed from the latter.’

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UK Human Rights Blog, 18th January 2021

Source: ukhumanrightsblog.com

Government rejects report it will lower workers’ rights post-Brexit – The Guardian

Posted January 15th, 2021 in brexit, EC law, employment, government departments, news by tracey

‘The government has rejected a report that following Brexit, it plans to tear up employment protections based in EU law – a strategy that Labour has called “a disgrace”.’

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The Guardian, 14th January 2021

Source: www.theguardian.com

David Feldman: Departing from Retained EU Case law – UK Constitutional Law Association

Posted January 12th, 2021 in brexit, EC law, judiciary, news, practice directions, precedent, Supreme Court by sally

‘Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, provides that the Supreme Court and in criminal matters the High Court of Justiciary are not to be bound by any retained EU case law, but other courts and tribunals are to determine issues of retained EU law in accordance with retained EU case law. In relation to certain aspects of competition law, section 60A(7) of the Competition Act 1998, inserted by reg. 23 of the Competition (Amendments etc.) (EU Exit) Regulations 2019, SI 93 of 2019, provides that any court or tribunal, the Competition and Markets Authority, and anyone acting on behalf of the Authority, may depart from retained EU case law. In addition, section 6(5A) of the 2018 Act allows regulations to be made to designate other courts and tribunals as “relevant courts” or “relevant tribunals” which, by virtue of section 6(4)(ba), are not to be bound by retained EU case law to the extent specified in the regulations.’

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UK Constitutional Law Association, 11th January 2021

Source: ukconstitutionallaw.org

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

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Each Other, 8th January 2021

Source: eachother.org.uk