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

British Citizenship: Precious, Costly, and Precarious – Oxford Human Rights Hub

Posted February 10th, 2022 in bills, citizenship, EC law, fees, news, statutory interpretation, treaties by sally

‘Citizenship still matters; its absence denotes precarity. As Covid19 travel restrictions reminded us, at its international core lies the right to enter one’s country and reside therein. Domestically, in most jurisdictions, citizenship serves as an eligibility criterion for electoral participation; excluded non-citizens have limited capacity to advance their rights through the political process.’

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Oxford Human Rights Hub, 8th February 2022

Source: ohrh.law.ox.ac.uk

Latest News on The EU Settlement Scheme for 2022 – EIN Blog

Posted February 7th, 2022 in brexit, EC law, government departments, immigration, news, statistics, visas by tracey

‘It is now over 3 years since the UK Home Office launched the EU Settlement Scheme (EUSS) on 21st January 2019 in readiness for Brexit. According to the latest government data, as of the end of December 2021, 6,385,500 EUSS applications have been received, 333,200 of these arriving after the deadline of 30th June 2021. So far, 6,057,400 EUSS applications have been processed, resulting in 52% of applicants receiving settled status, 41% receiving pre-settled status, and 3% receiving a refusal. Their data also shows that EUSS applications received since 30th June 2021 have been a mix of late applicants, joining family members, and those moving from pre-settled to settled status. Here we look at the conclusions of the latest EUSS inspection by the Independent Chief Inspector of Border and Immigration and some of the issues applicants are now experiencing with their applications and getting help.’

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EIN Blog, 3rd February 2022

Source: www.ein.org.uk

Court of Appeal dismisses appeal over council waste collection and alleged state aid – Local Government Lawyer

Posted February 3rd, 2022 in competition, EC law, local government, news, state aids, waste by sally

‘Durham County Council did not abuse its position when it ran a commercial waste service with which private firms competed, the Court of Appeal has concluded.’

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Local Government Lawyer, 3rd February 2022

Source: www.localgovernmentlawyer.co.uk

Flight compensation overhaul for domestic airline passengers – The Independent

‘The days of £220 payouts to delayed passengers who have paid only £30 for a domestic flight may soon be over. The Department for Transport (DfT) is consulting on proposals to overhaul the European air passengers’ rights rules for flights within the UK.’

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The Independent, 31st January 2022

Source: www.independent.co.uk

Government to launch ‘Brexit Freedoms’ Bill to amend outdated EU law – The Independent

Posted January 31st, 2022 in bills, brexit, EC law, government departments, news, statute law revision by tracey

‘The Government is planning to bring forward a “Brexit Freedoms” Bill to make it easier to amend outdated EU law, as part of a drive which it claims will “cut £1 billion of red tape” for UK businesses.’

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The Independent, 31st January 2022

Source: www.independent.co.uk

How will the right to work in the UK change in 2022? – EIN Blog

Posted January 28th, 2022 in brexit, EC law, employment, immigration, news, visas by tracey

‘The individuals who have the right to work in the UK has changed since the Brexit agreement came into effect, and we are likely to see some of the biggest impacts of this over the next year. That means that how people come into the country and the checks that they are subject to could be facing an overhaul, so here we take a look at how the right to work in the UK is likely to change in 2022.’

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EIN Blog, 25th January 2022

Source: www.ein.org.uk

Akinsanya judgment in Court of Appeal: Home Secretary must re-think EUSS rules for Zambrano carers – EIN Blog

Posted January 26th, 2022 in appeals, carers, children, EC law, government departments, immigration, news by sally

‘The Court of Appeal has dismissed the Home Secretary’s appeal in Akinsanya, finding that she misinterpreted UK law when setting the Immigration Rules for Zambrano carers under the EU Settlement Scheme (‘EUSS’). The result is that she will now need to reconsider, and potentially redraft, the EUSS Rules as they relate to Zambrano carers. This could have a positive impact on thousands of parents of British citizen children in the UK.’

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EIN Blog, 25th January 2022

Source: www.ein.org.uk

Research Briefing: The regulation of e-cigarettes – House of Commons Library

Posted January 14th, 2022 in EC law, news, parliament, smoking by tracey

‘This briefing paper provides an overview on the regulation of e-cigarettes.’

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House of Commons Library , 12th January 2022

Source: commonslibrary.parliament.uk

France to push for EU-wide UK migration treaty over Channel crossings – The Guardian

Posted January 11th, 2022 in asylum, EC law, France, immigration, news, treaties by tracey

‘France will press the EU to negotiate an asylum and migration treaty with the UK in an attempt to deter people from making the dangerous Channel crossing.’

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The Guardian, 10th January 2022

Source: www.theguardian.com

Appeal judges shut door on single-stage flight claims – Legal Futures

Posted January 5th, 2022 in airlines, appeals, compensation, delay, EC law, interpretation, news by sally

‘The flight delay compensation industry has suffered a blow after appeal judges rejected a claim over a four-stage flight from the US to India that was delayed when leaving Heathrow.’

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Legal Futures, 5th January 2022

Source: www.legalfutures.co.uk

English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by tracey

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

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Law Society's Gazette, 29th December 2021

Source: www.lawgazette.co.uk

Van drivers in UK will need new operating licences to enter EU from May – The Guardian

Posted December 17th, 2021 in brexit, EC law, licensing, news, transport by michael

‘Van drivers will be required to get new international operating licences if they want to travel back and forth to the EU from May next year, the government has announced.’

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The Guardian, 16th December 2021

Source: www.theguardian.com

Kenneth A. Armstrong: From the Shadow of Hierarchy to the Shadow of Competition – Common Frameworks and the Disciplining of Divergence – UK Constitutional Law Association

Posted December 16th, 2021 in agreements, brexit, EC law, international relations, markets, news by sally

‘This time last year, the controversial United Kingdom Internal Market Bill was ping-ponging between the Commons and Lords. A key point of contention concerned the relationship between the ‘market access’ principles now enshrined in the Act – the mutual recognition and non-discrimination principles – and future exercises of devolved rule-making. Should post-Brexit internal regulatory divergence be legally disciplined by a strong version of the mutual recognition principle or insulated from such forces? As I explained in a contribution to this blog a year ago, a partial answer can be found in Sections 10(2) and 18(3) of the Act which allows the Secretary of State, by regulations, to amend Schedule 1 (goods) and Schedule 2 (services) to exclude the outcome of a ‘common framework agreement’ from the scope of application of the market access principles. The aim of this new post is to consider how this power is likely to work in light of a written ministerial statement made on 9 December 2021 setting out the mechanism for its implementation.’

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UK Constitutional Law Association, 15th December 2021

Source: ukconstitutionallaw.org