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

Work Rights in the Nursery: Au pairs entitled to the NMW (but in respect of which hours?) – Littleton Chambers

Posted January 12th, 2021 in EC law, employment tribunals, equal pay, minimum wage, news, women, working time by sally

‘The employment tribunal has disapplied the “family worker” exemption, in effect holding that au pairs and other domestic workers who live in the home are entitled to the protections of the National Minimum Wage (“NMW”) regime. If this tribunal decision stands, it gives rise to another significant question: which hours should count towards the NMW for domestic workers?’

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Littleton Chambers, 4th January 2021

Source: littletonchambers.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

The EAW is dead; long live the UK-EU Surrender Agreement – 6KBW College Hill

Posted January 8th, 2021 in brexit, chambers articles, EC law, news by sally

‘On Christmas Eve, the UK and the EU agreed the terms of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community of the One Part and the United Kingdom of Great Britain and Northern Ireland, of the Other Part (“the Trade and Cooperation Agreement”). Title VII of Part 3 of the Trade and Cooperation Agreement governs extradition or, to use the language of the agreement, “surrender arrangements” between the UK and the EU. The effect of these provisions is to closely replicate the arrangements under the Framework Decision on the European Arrest Warrant (“the Framework Decision”) and the surrender agreement between Norway and Iceland and the European Union (“the Iceland/Norway Agreement”).’

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6KBW College Hill, 1st January 2021

Source: blog.6kbw.com

Gene editing of crops and livestock may soon be permitted in England – The Guardian

Posted January 7th, 2021 in agriculture, animals, consultations, EC law, food, news by tracey

‘Gene editing of crops and livestock may soon be permitted in England for the first time under a consultation launched by the government on Thursday.’

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The Guardian, 7th January 2021

Source: www.theguardian.com

Ep 133: Is our Brexit trade deal with the EU a “Canada minus”? – Law Pod UK

Posted January 6th, 2021 in brexit, EC law, news, podcasts by sally

‘The UK parliament has now passed Boris Johnson’s trade and cooperation agreement with the European Union. Professor Barnard considers it a thin deal – as many predicted – but it has certainly delivered on sovereignty. There is no mention in the text of the European Court of Justice or EU Law. Hear more about the extent to which Britain has “taken back control” in this concise summary.’

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Law Pod UK, 5th January 2021

Source: audioboom.com

New Act – legislation.gov.uk

Posted January 4th, 2021 in brexit, EC law, legislation by tracey

European Union (Future Relationship) Act 2020

Source: www.legislation.gov.uk

Kenneth Armstrong: Governing With or Without Consent – The United Kingdom Internal Market Act 2020 – UK Constitutional Law Association

‘The United Kingdom Internal Market Act has become law, receiving Royal Assent shortly before MPs and Lords departed the Palace of Westminster for the holidays. The controversial provisions in Part 5 conflicting with the EU-UK Withdrawal Agreement and Northern Ireland Protocol – previously discussed by me here – have been removed following the outcome of a meeting of the EU-UK Joint Committee that resolved – at least for the moment – outstanding issues in the practical implementation of the Protocol.’

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UK Constitutional Law Association, 18th December 2020

Source: ukconstitutionallaw.org

Information commissioner gets busy with fines – Law Society’s Gazette

Posted December 8th, 2020 in data protection, EC law, fines, news by sally

‘General Data Protection Regulation fines are like a number 65 bus: you wait for a long time and then three arrive at once. In the space of a month the Information Commissioner’s Office (ICO) has issued three monetary penalty notices. All relate to breaches of GDPR’s security requirements as set out in articles 5 and 32.’

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Law Society's Gazette, 7th December 2020

Source: www.lawgazette.co.uk

Government plans ban on controversial live animal exports – The Independent

Posted December 3rd, 2020 in animals, brexit, consultations, EC law, news, slaughter by tracey

‘The government has said it is planning to ban the export of live animals for slaughter and fattening, as it seeks to “strengthen the UK’s position as a world leader on animal welfare”.’

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The Independent, 3rd December 2020

Source: www.independent.co.uk

High Court strikes out group action as an abuse of process: Municipo de Mariana v BHP Group PLC [2020] EWHC 2930 (TCC) – Henderson Chambers

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

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Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk

Brexit and family law: do you need to act before 31 December? – Family Law Week

Posted November 26th, 2020 in brexit, divorce, EC law, enforcement, financial provision, news, time limits by tracey

‘Jay Patel, Partner and Polly Atkins, Associate, both of Hunters, highlight the circumstances in which action may need to be taken before the end of the year to protect a client’s interests.

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Family Law Week, 19th November 2020

Source: www.familylawweek.co.uk

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue (1) [2020] UKSC 47 – UKSC Blog

‘The Supreme Court has unanimously allowed this long-awaited appeal arising in the course of long-running proceedings known as the Franked Investment Income (“FII”) Group Litigation. The FII Group Litigation brings together many claims concerning the way in which advance corporation tax and corporation tax used to be charged on dividends received by UK-resident companies from non-resident subsidiaries. The respondents to this appeal are claimants within the FII Group Litigation whose cases have been selected to proceed as test claims on certain common issues (“the Test Claimants”). These issues are being determined in phases, with the courts’ decisions affecting not just the other claims within the FII Group Litigation, but potentially also a number of other sets of proceedings brought by corporate taxpayers against the appellant, the Commissioners for Her Majesty’s Revenue and Customs (“HMRC”).’

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UKSC Blog, 20th November 2020

Source: ukscblog.com

Service out of the jurisdiction after 31 December 2020: the end of service out without permission? – EU Relations Law

Posted November 18th, 2020 in brexit, civil procedure rules, EC law, news, service out of jurisdiction by sally

‘Until 31 December 2020, if the English court has jurisdiction to hear a claim under the Brussels Regulation (recast), the claimant does not need permission to serve the claim form out of the UK (CPR rule 6.33(2)).’

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EU Relations Law, 17th November 2020

Source: eurelationslaw.com

Victory For Workers Denied Health And Safety Protections Amid Covid-19 – Each Other

‘Precarious workers have been wrongly denied health and safety protections amid the pandemic, a court has found.’

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Each Other, 17th November 2020

Source: eachother.org.uk

Protection of shapes in 2020: Trade Marks, Copyright & IPR Cumulation – 3PB

Posted November 17th, 2020 in copyright, EC law, interpretation, news, trade marks by sally

‘The criteria for assessing the distinctive character of three-dimensional trade marks consisting of the appearance of the product itself are no different from those applicable to other categories of mark.’

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3PB, 3rd November 2020

Source: www.3pb.co.uk

Immigration Act receives Royal Assent: free movement to end on 31 December 2020 – Home Office

Posted November 12th, 2020 in brexit, EC law, freedom of movement, immigration, legislation, press releases by tracey

‘The Immigration Act has today (Wednesday 11 November 2020) received Royal Assent and been signed into law. This means free movement will end around seven weeks from now, at 11pm on 31 December 2020.’

Full press release

Home Office, 11th November 2020

Source: www.gov.uk/home-office

New Judgment: Secretary of State for Health and Ors v Servier Laboratories Ltd and Ors [2020] UKSC 44 – UKSC Blog

Posted November 10th, 2020 in EC law, news, res judicata, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal addressing whether findings of fact made by the General Court of the European Union (“the General Court”) are binding in subsequent domestic proceedings, under the EU principle of absolute res judicata.’

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UKSC Blog, 6th November 2020

Source: ukscblog.com

Individual privacy versus national security: where is the line? – Lamb Chambers

‘Oscar Davies discusses the recent Privacy International case and its wider implications, in which the CJEU held that UK law went too far in permitting “general and indiscriminate” access of bulk communications data to MI5, MI6 and GCHQ.’

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Lamb Chambers, October 2020

Source: www.lambchambers.co.uk