Leave to remove post-Brexit: appealing an appeal – Family Law

Posted April 9th, 2018 in appeals, children, custody, EC law, foreign jurisdictions, news by tracey

‘In the recent case of L v F [2017] EWCA Civ 2121 the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.’

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Family Law, 6th April 2018

Source: www.familylaw.co.uk

Bringing WHOIS into compliance with privacy law – Technology Law Update

Posted April 4th, 2018 in data protection, EC law, internet, news, privacy by sally

‘Internet governance organisation ICANN is planning new restrictions on access to information in order to comply with EU privacy rules. Those on the privacy side of the argument welcome the planned changes – WHOIS data is misused by spammers and scammers, they say. But others rely on the information for more positive purposes. WHOIS records have been used to tackle online crime, and online infringement of rights like trade marks. The changes will make life more difficult for them.’

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Technology Law Blog, 3rd April 2018

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

EU: Brexit ‘no deal’ will hit copyright and database owners – OUT-LAW.com

Posted April 4th, 2018 in copyright, database right, domicile, EC law, news by sally

‘UK businesses will lose any database rights they enjoy across the EU at the point of Brexit as it stands, the European Commission has said.’

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OUT-LAW, 3rd April 2018

Source: www.out-law.com

Ruling highlights gap in the law on software – OUT-LAW.com

‘A recent ruling by the Court of Appeal in London highlights a gap in the law on software, and should prompt a change in UK legislation.’

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OUT-LAW.com, 27th March 2018

Source: www.out-law.com

Law Pod UK Ep. 25: The Draft EU Withdrawal Agreement – line by line – 1 COR

Posted March 20th, 2018 in agreements, EC law, news, treaties by sally

‘The Draft EU Withdrawal Agreement is the Brexit political agreement turned into a legal document. Prof. Catherine Barnard of the University of Cambridge gives Boni Sones her own analysis of the text and asks ‘What now for Theresa May?”

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Law Pod UK, 15th March 2018

Source: audioboom.com

Law Pod UK Ep. 24: Right of residence under EU rules – 1 COR

Posted March 12th, 2018 in appeals, citizenship, EC law, families, immigration, news by sally

‘Rosalind English talks to Jonathan Metzer about how family members of UK citizens, who don’t themselves have citizenship, obtain a residence card under EU rules – and how they can appeal if they’re refused.’

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Law Pod UK, 6th March 2018

Source: audioboom.com

Home Office warned over plans to block immigration data access for EU citizens – The Guardian

Posted March 5th, 2018 in bills, data protection, EC law, immigration, news by tracey

‘Plans to deny millions of people the right to access immigration data held on them by the Home Office are illegal and will be challenged in court, the government has been told.’

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The Guardian, 5th March 2018

Source: www.theguardian.com

Sir Stephen Laws: Giving “Deemed” Domestic Law Status to Retained EU Law – Constitutional Law Association

Posted March 1st, 2018 in bills, drafting, EC law, legislation, news, regulations, treaties by sally

‘In his latest blog on the European Union (Withdrawal) Bill, Paul Craig criticises the recommendation of the House of Lords Constitution Committee (“HLCC”), at paras 70 and 93, that all retained direct EU law (defined by the HLCC to encompass all the law continued under clauses 3 and 4 of the Withdrawal Bill) should be given the status of domestic primary legislation passed immediately before exit day. He suggests, instead, a hierarchy in which some law continued in force under clause 3 should be “deemed to be a statutory instrument”. This formulation is intended, it seems, to do more than its usual job (which is confined to attracting the provisions of the Statutory Instruments 1946, which are largely irrelevant for present purposes). It appears to be intended, instead, to give the law in question the status of subordinate legislation made under legislative powers delegated to the executive. But what practical effects is it designed to produce?’

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Constitutional Law Association, 28th February 2018

Source: ukconstitutionallaw.org

EU to publish first draft of Brexit treaty – BBC News

Posted February 28th, 2018 in constitutional reform, EC law, news, Northern Ireland, treaties by sally

‘The European Union is set to publish a legal draft of its Brexit withdrawal agreement for the first time, detailing the terms of the UK’s departure.’

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BBC News, 28th February 2018

Source: www.bbc.co.uk

GDPR not at odds with FCA Handbook, say UK authorities – OUT-LAW.com

Posted February 13th, 2018 in data protection, EC law, financial regulation, news by sally

‘New data protection laws are not at odds with regulatory requirements imposed on companies in the financial services sector, two UK authorities have said.’

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OUT-LAW.com, 12th February 2018

Source: www.out-law.com

European Court of Justice asked to rule on whether UK nationals can keep EU citizenship after Brexit – The Independent

Posted February 8th, 2018 in citizenship, EC law, foreign jurisdictions, news, treaties by tracey

‘The EU’s highest court has been asked to rule on whether British nationals should be able to keep their EU citizenship after Brexit, in a major upset that could send negotiations between Brussels and the UK into chaos.’

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The Independent, 7th February 2018

Source: www.independent.co.uk

Four Reasons for Retaining the Charter: Part 2 – Remedies – Oxford Human Rights Hub

‘The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the Charter is not retained as part of domestic law. The second reason for retaining the Charter draws attention to the remedy provided when rights are breached. Individuals relying on the Charter at the moment can use the Charter to disapply legislation which breaches Charter rights. This is a legally binding remedy which invalidates the relevant legislation. This is not the case for those relying on common law rights, or their Convention rights under the Human Rights Act.’

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Oxford Human Rights Hub, 4th February 2018

Source: ohrh.law.ox.ac.uk

Four Reasons for Retaining the Charter Post Brexit: Part 1 – A Broader Protection of Rights – Oxford Human Rights Hub

Posted February 5th, 2018 in constitutional reform, EC law, human rights, news, treaties by sally

‘This series of short blog posts will argue that there are four main reasons for allowing the EU Charter of Fundamental Rights to continue to have domestic effect in UK law. First, it provides a broader scope of rights than either the ECHR or the common law. Second, it provides a better remedy for a breach of rights. Third, to retain the Charter provides greater clarity as to the extent to which human rights are protected in the UK. Fourth, the Charter provides for a protection of rights that has more democratic credentials than either the common (judge-made) law, or the ECHR. The final blog post will explain why the Government’s main argument against retention of the Charter – that it only applies within the scope of EU law – does not provide a justification for removing the Charter from domestic law.’

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Oxford Human Rights Hub, 2nd February 2018

Source: ohrh.law.ox.ac.uk

CIGI: Brexit, Brexatom, the Environment and Future International Relations (Stephen Tromans QC) – 39 Essex Chambers

Posted February 2nd, 2018 in EC law, environmental protection, news by sally

‘The terms of the United Kingdom’s exit from the European Union remain vague and fluid at the time of writing. However, it is clear that the prospect has given rise to concern as to the future shape and effectiveness of environmental law following Brexit. EU environmental law, as it has evolved and expanded since the early 1970s, has exerted a profound influence over the law of the United Kingdom, and has in many areas resulted in entrenched environmental problems being tackled and environmental standards being improved.’

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39 Essex Chambers, January 2018

Source: www.39essex.com

Brexit Bill passes first House of Lords hurdle, but real test still to come, says expert – OUT-LAW.com

Posted February 2nd, 2018 in bills, EC law, news, parliament by sally

‘The government’s main piece of legislation on withdrawal from the European Union has cleared its first hurdle in the House of Lords.’

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OUT-LAW.com, 1st February 2018

Source: www.out-law.com

Unconventional trade marks are coming to an IP office near you – Technology Law Update

Posted February 2nd, 2018 in EC law, news, trade marks by sally

‘Changes to EU trade mark law are introducing new-style trade marks like motion marks, audiovisual files and holograms. The old requirement to represent all marks graphically (written words, drawings etc) is on its way out, although of course basic lettering and graphical images still remain relevant for word and logo marks.’

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Technology Law Update, 1st February 2018

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

Sovereignty or Supremacy? Lords Constitution Committee Reports on EU (Withdrawal) Bill — Mark Elliott and Stephen Tierney – UK Human Rights Blog

Posted January 30th, 2018 in bills, constitutional reform, EC law, news, reports, select committees, treaties by sally

‘The House of Lords Constitution Committee today issues its main report on the European Union (Withdrawal) Bill. This follows the preliminary and interim reports on the Bill that the Committee published last year. The new report is wide-ranging and hard-hitting, the Committee’s view being that the Bill ‘risks fundamentally undermining legal certainty’.’

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UK Human Rights Blog, 29th January 2018

Source: ukhumanrightsblog.com

Tax experts ‘concerned’ by post-Brexit customs law plans – OUT-LAW.com

Posted January 30th, 2018 in bills, customs and excise, EC law, news, treaties by sally

‘The UK government’s desire to keep planned post-Brexit customs and tax legislation as wide as possible risks creating “unnecessary uncertainty” for businesses, tax experts have warned.’

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OUT-LAW.com, 29th January 2018

Source: www.out-law.com

Government response on the Cyber Security consultation – Technology Law Update

Posted January 30th, 2018 in computer crime, consultations, data protection, EC law, news, telecommunications by sally

‘The Government has now published a response to its consultation the Network and Information Security Directive (also known as the Cybersecurity Directive). We provided feedback to the consultation back in September on many of the points addressed in the response, and welcome some valuable improvements to the proposals.’

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Technology Law Update, 29th January 2018

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

Brexit: EU (Withdrawal Bill) fundamentally flawed, say peers – BBC News

Posted January 29th, 2018 in bills, constitutional reform, EC law, news, select committees, treaties by sally

‘Proposed legislation bringing existing EU law into UK law is “fundamentally flawed” and needs to be reworked, a Lords committee has said.’

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BBC News, 29th January 2018

Source: www.bbc.co.uk