Brexit, Article 50 and what it means for innovative businesses – Technology Law Update

Posted March 29th, 2017 in data protection, EC law, news, patents, referendums, treaties by sally

‘The shock of last June’s referendum result, with the UK electorate opting to leave the European Union, is starting to fade. Now the hard graft begins. Tomorrow British Prime Minister Theresa May will trigger Article 50, starting the two year process of negotiations that will end with a deal, an untidy departure or (maybe) an agreement to keep talking. Since the first analysis of what Brexit will mean for businesses we have learned more about what the UK intends to keep and discard. How are things looking now?’

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Technology Law Update, 28th March 2017

Source: www.technology-law-blog.co.uk

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Elizabeth Campion: The Constitutional “Ripple Effect” of the European Union (Notification of Withdrawal) Act 2017 – UK Constitutional Law Association

‘Miller and others v Secretary of State for Exiting the European Union [2017] UKSC 5 was highly anticipated as perhaps the most signficant constitutional case of this generation, stirring up such strong reactions that the judges of the Divisional Court who initially decided in favour of Ms. Miller were dubbed “Enemies of the People”. Two months after a majority of an 11-member Supreme Court confirmed that prerogative powers could not be used to invoke Article 50, however, the European Union (Notification of Withdrawal) Act 2017 (hereafter referred to as the “Withdrawal Act”) received Royal Assent, conferring power on the Prime Minister to give the notification required to begin the process of the United Kingdom’s withdrawal from the European Union. The passage of the Withdrawal Act fulfilled the constitutional requirements identified in Miller formally, within the purely political timetable set by the Prime Minister at the Conservative Party’s conference and without any additional legal requirements being imposed by way of amendment. This not only sets the stage but also prepares the way for a more permanent sidelining of Parliament as the supreme legislative body in the UK’s constitution as part of the process of leaving the European Union.’

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UK Constitutional Law Association, 27th March 2017

Source: www.ukconstitutionallaw.org

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Article 50 triggered today: The key points, reaction and analysis – Daily Telegraph

Posted March 29th, 2017 in EC law, news, notification, referendums, treaties by sally

‘Theresa May will officially trigger Article 50 at 12.30pm today, launching two years of negotiations that will end with Brexit in 2019.’

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Daily Telegraph, 29th March 2017

Source: www.telegraph.co.uk

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Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal – UK Constitutional Law Association

Posted March 28th, 2017 in bills, constitutional reform, drafting, EC law, legislation, news, repeals, treaties by sally

‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’

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UK Constitutional Law Association, 28th March 2017

Source: www.ukconstitutionallaw.org

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Snooping by police to be monitored by independent authority – The Guardian

‘A new independent surveillance procedure to prevent police officers granting themselves permission to access personal emails and records of web-browsing history is being established by the government.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

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Christina Lienen: Why the Implications of ‘No Deal’ Are No Mere ‘Exercise in Guesswork’ – UK Constitutional Law Association

‘Theresa May is to trigger Article 50 on 29 March 2017, kicking off the two-year negotiation period during which the relationship between the UK and the EU will be redefined. On 12 March the House of Commons Foreign Affairs Committee published their ninth report of the current session: ‘Article 50 negotiations: Implications of ‘no deal’’. This is the first Select Committee publication focusing specifically on the implications faced by the UK in the event of a ‘no deal’ situation, with reference to a range of different sectors, policy areas and circumstances. Last week the concerns raised in the report as to the Government’s position or rather the apparent lack thereof regarding ‘no deal’ implications seemed to be confirmed when the Secretary of State for Exiting the European Union made headlines telling the Brexit Select Committee that the Government had done no economic assessment of the possible effects of a “no deal” scenario. On 24 January 2017, similar remarks were made when Davis said that there were so many different things to assess, considering implications of ‘no deal’ would be ‘nothing more than an exercise in guesswork at this stage’. In this post I will highlight the most interesting points raised in the report which go to show that, contrary to what the Government suggests, it is actually both possible and vital to assess what areas require particular attention and what challenges this would bring. Beyond the question of ‘no deal’ implications, there are various aspects that the report touches upon which would benefit from academic discussion.’

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UK Constitutional Law Association, 24th March 2017

Source: www.ukconstitutionallaw.org

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Impact of Brexit on legal services “a cause for concern”, justice committee says – Legal Futures

‘The justice select committee has described the impact of Brexit on legal services as “a cause for concern, but not hyberbole”, in a report published today.’

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Legal Futures, 22nd March 2017

Source: www.legalfutures.co.uk

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Attorney general defends article 50 litigation costs – Law Society’s Gazette

Posted March 17th, 2017 in costs, EC law, news, prerogative powers, referendums, Supreme Court by tracey

‘The attorney general has defended the government’s decision to take the fight over how article 50 is triggered to the highest UK court, assuring MPs that the cost of the appeal will be published “in due course”.’

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Law Society’s Gazette, 16th March 2017

Source: www.lawgazette.co.uk

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Theresa May faces new challenge from House of Lords over Brexit – The Independent

Posted March 17th, 2017 in EC law, news, parliament, referendums by tracey

‘Labour Lords have launched a new drive to secure greater influence over Theresa May’s Brexit and secure the rights of EU citizens in the UK.’

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The Independent, 16th March 2017

Source: www.independent.co.uk

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Theresa May warned that Brexit is ‘heading back to the courts’ after she refuses to give MPs a ‘meaningful vote’ – The Independent

Posted March 14th, 2017 in constitutional law, constitutional reform, EC law, news, parliament, treaties by tracey

‘Theresa May has been warned that Brexit is heading back to the courts after she refused to give MPs a “meaningful vote” on any final deal.’

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The Independent, 13th March 2017

Source: www.independent.co.uk

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Brexit bill: Parliament clears way for talks with EU – BBC News

Posted March 14th, 2017 in bills, EC law, news, parliament, treaties by tracey

‘Parliament has passed the Brexit bill, paving the way for the government to trigger Article 50 so the UK can leave the European Union.’

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BBC News, 14th March 2017

Source: www.bbc.co.uk

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Brexit bill faces last rebel push to guarantee final vote in parliament – The Guardian

Posted March 13th, 2017 in amendments, bills, EC law, news, parliament, political parties, treaties by sally

‘The government faces a last push from rebel backbenchers to guarantee a final vote in parliament on any Brexit deal before the triggering of article 50, with concerns coalescing around what would happen if no agreement was reached with the EU.’

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The Guardian, 13th February 2017

Source: www.guardian.co.uk

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Rosie Slowe: Reflections on the ‘Three Knights Opinion’ and Article 50 TEU – UK Human Rights Blog

‘On 17 February 2017, Bindmans LLP published an Opinion solicited from several leading authorities on EU law concerning Article 50 TEU. The so-dubbed ‘Three Knights Opinion’ put forward compelling legal arguments in support of why an Act of Parliament at the end of the Article 50 negotiation process is necessary in order to ensure that Brexit occurs in accordance with domestic and, by extension, EU law. These contentions, and Professor Elliot’s rebuttal, warrant careful consideration.’

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UK Human Rights Blog, 9th March 2017

Source: www.ukhumanrightsblog.com

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UK businesses see record number of European patents granted by EPO – OUT-LAW.com

Posted March 9th, 2017 in EC law, intellectual property, news, patents, reports, statistics by sally

‘A record number of European patents were granted to UK businesses in 2016 by the European Patent Office (EPO), according to new figures.’

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OUT-LAW.com, 9th March 2017

Source: www.out-law.com

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Future-proof growth for the digital economy – Technology Law Update

Posted March 9th, 2017 in data protection, EC law, education, employment, news, regulations, reports by sally

‘Last year, the digital economy accounted for 14.5% of all UK service exports, at around £30bn. The UK remains a leader in digital innovation, and maintaining that status is a Government priority. Coadec, the Coalition for a Digital Economy, has released a detailed report suggesting four areas that for improvement to keep pace in the global race: skills, talent, investment and trade.’

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Technology Law Update, 7th March 2017

Source: www.technology-law-blog.co.uk

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Recent ruling a reminder that journalistic defence can defeat data protection breach claims, says expert – OUT-LAW.com

‘ A ruling by the High Court in London last month highlights the special rules that publishers can rely on under UK data protection law to defeat claims that they have processed personal data unlawfully.’

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OUT-LAW.com, 8th March 2017

Source: www.out-law.com

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Divorce Jurisdiction after Brexit – Family Law Week

Posted March 8th, 2017 in divorce, EC law, jurisdiction, news by tracey

‘An EU law working group, comprising 15 international family law experts, considers the basis on which couples should be able to engage the jurisdiction of the UK courts in order to divorce, following the UK’s departure from the European Union.’

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Family Law Week, 7th march 2017

Source: www.familylawweek.co.uk

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Brexit: Government suffers second defeat in Lords – BBC News

Posted March 8th, 2017 in amendments, bills, EC law, news, parliament, referendums, treaties, veto by tracey

‘The government has suffered a second Brexit defeat in the House of Lords as peers backed, by 366 votes to 268, calls for a “meaningful” parliamentary vote on the final terms of withdrawal.’

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BBC News, 7th March 2017

Source: www.bbc.co.uk

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New guidance on incident reporting under EU cybersecurity laws issued for digital service providers – OUT-LAW.com

Posted March 6th, 2017 in confidentiality, data protection, EC law, internet, news, notification by sally

‘Digital service providers (DSPs) will not be obliged to report certain data breaches they experience under new EU cybersecurity laws, according to new guidance issued by the EU’s main cybersecurity body.’

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OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

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Brexit, Shakespeare, and International Law – OUP Blog

Posted March 6th, 2017 in Christianity, EC law, news, referendums by sally

‘How to make sense of the Brexit vote and its aftermath? To where can we look if we are to learn more, and to learn more deeply, of the agonistic parts played by principle and pragmatism in human decision-making where self, sovereignty and economic well-being are concerned? In this short blog I will argue that King John – Shakespeare’s English history play with the earliest setting of all – casts the longest and, perhaps the strongest, light. The dramatic premise of the play is King John’s dispute with the King of France regarding the sovereignty of England. It is agreed that their dispute should be handed over to a plebiscite of the people, in this case, the citizens of Angiers who look down on the rival kings from the walls of their town. In this respect the play rehearses The EU referendum, in which the British public were raised to the castle walls and empowered to pass judgment on competitors for the sovereignty of their nation.’

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OUP Blog, 6th February 2017

Source: www.blog.oup.com

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