Online platforms face likely Digital Services Act disclosure deadline of February 2023 OUT-LAW.com

Posted September 20th, 2022 in disclosure, EC law, electronic commerce, internet, news, regulations, time limits by tracey

‘Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.’

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OUT-LAW.com, 15th September 2022

Source: www.pinsentmasons.com

The Data Protection and Digital Information Bill: A new UK GDPR? – Local Government Lawyer

Posted September 9th, 2022 in bills, brexit, data protection, EC law, government departments, local government, news by tracey

‘In July the Government published the Data Protection and Digital Information Bill, the next step in its much publicised plans to reform the UK Data Protection regime following Brexit. Ibrahim Hasan sets out the key changes.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Environment Agency told to protect wetlands in landmark court case – The Guardian

‘The high court has ordered the Environment Agency to reduce water abstraction and protect England’s rare wetland habitats, in a landmark case that confirms that European nature conservation laws remain enforceable despite Britain having left the EU.’

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The Guardian, 7th September 2022

Source: www.theguardian.com

Truss risks fresh row with EU over workers’ rights, say legal experts – The Guardian

Posted September 7th, 2022 in brexit, EC law, employment, news, trade unions by sally

‘Liz Truss risks igniting another row with the EU which could lead to tariffs on British exports if she tries to dilute workers’ rights too much, legal experts and union leaders have said.’

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The Guardian, 6th September 2022

Source: www.theguardian.com

Research Briefing: Brexit and the UK’s Overseas Territories – House of Commons Library

Posted August 3rd, 2022 in brexit, colonies, EC law, news, parliament by tracey

‘What’s the significance of the UK’s departure from the EU for the UK’s 14 Overseas Territories, in relation to trade, funding, defence, and sovereignty?’

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House of Commons Library , 1st August 2022

Source: commonslibrary.parliament.uk

EU launches fresh legal action over Northern Ireland border rules – BBC News

Posted July 22nd, 2022 in bills, brexit, EC law, government departments, news, Northern Ireland by tracey

‘The EU has launched fresh legal action against the UK over its enforcement of post-Brexit trading rules in Northern Ireland.’

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BBC News, 22nd July 2022

Source: www.bbc.co.uk

NewsUKHome News Home Office dragged to High Court by Brexit deal watchdog over ‘unlawful’ treatment of EU citizens – The Independent

‘The Home Office is being taken to court by a government-sponsored Brexit watchdog over the “unlawful” treatment of 2.5 million EU citizens in the UK. The High Court has confirmed that the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA), designed to protect the rights of EU nationals in the UK, has been granted permission to proceed with a judicial review claim against the department.’

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The Independent, 30th June 2022

Source: www.independent.co.uk

UK government to scrap European law protecting special habitats – The Guardian

‘Environment secretary George Eustice wants to tear up a key piece of European law that environmentalists say protects cherished habitats in the UK.’

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The Guardian, 30th June 2022

Source: www.theguardian.com

Research Briefing: Northern Ireland Protocol – House of Commons Library

‘Briefings on the Northern Ireland Protocol, including on EU-UK negotiations, Article 16, international law, and information on the UK Government announcement to change the Protocol through the Northern Ireland Protocol Bill.’

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House of Commons Library , 26th June 2022

Source: commonslibrary.parliament.uk

UK data protection reforms announcement imminent – OUT-LAW.com

Posted June 15th, 2022 in bills, brexit, data protection, EC law, government departments, news by sally

‘The UK government has said it expects to outline its plans for reform to data protection law this month.’

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OUT-LAW.com, 14th June 2022

Source: www.pinsentmasons.com

Ronan Cormacain: Does the Vienna Convention provide a legal off-ramp for unilaterally changing the Northern Ireland Protocol? – UK Constitutional Law Association

‘The Northern Ireland Protocol is part of the Withdrawal Agreement, designed to set out the legal parameters of the withdrawal of the UK from the EU. The Government proposes to introduce legislation to unilaterally change the Protocol. On the face of it, this would appear to place the Government on the highway to a breach of international law. But are there any off-ramps which allow it to avoid this destination? This blog post examines one possible off-ramp, that this course of action is consistent with the Vienna Convention on the Law of Treaties 1969.’

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UK Constitutional Law Association, 13th June 2022

Source: ukconstitutionallaw.org

AI raises ‘challenges’ with existing product liability law, study finds – OUT-LAW.com

‘UK product liability laws need to be updated to address the use of artificial intelligence (AI), an expert has said.’

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OUT-LAW.com, 8th June 2022

Source: www.pinsentmasons.com

Lady Rose, United Kingdom Association For European Law Annual Lecture – Supreme Court

Posted June 6th, 2022 in brexit, EC law, speeches, Supreme Court by tracey

“Lady Rose, United Kingdom Association For European Law Annual Lecture”

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Supreme Court, 23rd may 2022

Source: www.supremecourt.uk

The CJEU casts doubt on England’s new post-Brexit divorce jurisdiction law – Family Law

‘A recent decision of the CJEU has addressed the definition of habitual residence for divorce jurisdiction under Art 3 of BIIA. It confirms the interpretation hitherto held in England that a party can have only one habitual residence at one time. But it has also given a strong indication that habitual residence has to be continuous for the requisite period before the date of issuing of proceedings and not just on the date of issue. This has been a controversy in English case law over many years, with the majority of professional opinion allegedly being that habitual residence was only necessary on the date of issue and merely residence for the requisite preceding period. The Ministry of Justice relied on this interpretation in drafting England’s new post Brexit divorce jurisdictional law, on the basis of following EU law. Now, seemingly, that is not so. What will now be the position in England dealing with cases involving EU Member States? In any event what is the position with transitional cases?’

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Family Law, 12th May 2022

Source: www.familylaw.co.uk

Five things that are new under the Subsidy Control Act – Mills & Reeve

Posted May 12th, 2022 in competition, EC law, legislation, news, state aids, treaties by sally

‘On 28 April 2022, the Subsidy Control Bill received Royal Assent and became the Subsidy Control Act 2022. The Act is expected to come into force in autumn 2022. Until then, the provisions of the Subsidy Control Chapter of the Trade and Cooperation Agreement between the UK and EU will continue to apply. This article highlights five things that will change when the Act comes into force.’

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Mills & Reeve, 10th May 2022

Source: www.mills-reeve.com

New Judgment: Zipvit Ltd v Commissioners for Her Majesty’s Revenue and Customs (No 2) [2022] UKSC 12 – UKSC Blog

‘This is the second judgment given by the Supreme Court in this case. In the first judgment ([2020] UKSC 15), the Court set out the background to the dispute and made a reference to the Court of Justice of the European Union, upon which judgment was delivered on the 13th of January 2022. The Supreme Court could then determine this appeal without the need for any further hearing.’

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UKSC Blog, 11th May 2022

Source: ukscblog.com

New Judgment: Commissioners for Her Majesty’s Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd [2022] UKSC 10 – UKSC Blog

Posted April 28th, 2022 in double taxation, EC law, news, pensions, Supreme Court, tax credits by sally

‘The Respondent is the corporate trustee of a tax-exempt United Kingdom pension fund. It held a large portfolio of UK and overseas shares. To generate revenue, it engaged in a practice known as stock lending. This involves a shareholder (the lender) transferring ownership of shares to another party (the borrower) on terms that the borrower will (i) return equivalent shares to the lender at the end of the lending period and (ii) pay an amount to the lender equivalent to the dividends paid on the shares during that period. These payments are known as a “manufactured dividend” (“MD”) if the shares are held in a UK company. If the shares are in a non-UK company, they are known as a “manufactured overseas dividend” (“MOD”).’

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UKSC Blog, 27th April 202

Source: ukscblog.com

Case Comment: R (on the application of Z) v Hackney LBC [2020] UKSC 40 – UKSC Blog

‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’

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UKSC Blog, 4th April 2022

Source: ukscblog.com

Case Preview: Harpur Trust v Brazel – UKSC Blog

Posted April 5th, 2022 in EC law, holiday pay, news, part-time work, Supreme Court, working time by sally

‘On 9 November 2021, the Supreme Court heard the appeal in Harpur Trust v Brazel. The forthcoming decision is expected to provide some much-needed clarity on how employers should approach calculating annual leave entitlement and pay for workers who work irregular hours, including those workers on zero hours contracts.’

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UKSC Blog, 1st April 2022

Source: ukscblog.com

Keep EU law or face ‘unpredictable consequences’, former GLD chief warns – Law Society’s Gazette

Posted February 22nd, 2022 in brexit, EC law, news, select committees, statute law revision by tracey

‘The UK should retain the supremacy of EU law in order to avoid legal uncertainty and “unpredictable consequences”, the former head of the Government Legal Department has suggested.’

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Law Society's Gazette, 21st February 2022

Source: www.lawgazette.co.uk