UK signs new deal with EU to tackle small boat crossings – BBC News

Posted February 23rd, 2024 in asylum, EC law, government departments, immigration, news, trafficking in human beings by michael

‘The UK has signed a new deal with the EU’s border agency to work more closely together to stop small boats crossing the English Channel.’

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BBC News, 23rd February 2024

Source: www.bbc.co.uk

Kenneth Armstrong: The First Statutory Report on Retained EU Law – UK Constitutional Law Association

Posted February 1st, 2024 in brexit, EC law, news, reports, statute law revision by sally

‘Successive UK Governments have promised to regulate less, better or smarter to promote economic growth and competitiveness while protecting consumers, workers and the environment. Relatively low visibility reviews and reports – recast and relaunched over time – have belied the public politics of “burning red tape”. But as the fireworks faded over Westminster as 2024 began, you could be forgiven for thinking that the lingering smoke was from the incineration of swathes of regulation produced during EU membership and revoked by the Retained EU Law (Revocation and Reform) Act 2023. Quite how big this bonfire really is, and how much is smoke and mirrors, is quantified in the first six-monthly statutory report to Parliament under section 17 of the Act and published on 22 January 2024. This post examines what we do and do not learn from this report about what is really changing in UK regulatory policy.’

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UK Constitutional Law Association, 29th January 2024

Source: ukconstitutionallaw.org

Trade mark ruling ‘first’ showing UK divergence from EU law post-Brexit – OUT-LAW.com

Posted January 19th, 2024 in appeals, brexit, EC law, intellectual property, news, time limits, trade marks by sally

‘A recent Court of Appeal ruling on trade mark infringement is the first clear example of a UK court consciously deciding to depart from a judgment of the Court of Justice of the EU (CJEU)after Brexit, an expert has said.’

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OUT-LAW.com, 18th January 2024

Source: www.pinsentmasons.com

Trade Marks – Industrial Cleaning Equipment (Southampton) Ltd. v Intelligent Cleaning Equipment Holdings Co. Ltd. and another – NIPC Law

Posted January 9th, 2024 in brexit, EC law, limitations, news, precedent, trade marks by tracey

‘This was an appeal by Intelligent Cleaning Equipment Holdings Co Ltd. (“Intelligent”) and Killis Ltd. (“Killis”) against the order of Her Honour Judge Melissa Clarke of 23 March 2023 granting Industrial Cleaning Equipment (Southampton) Ltd. (“Industrial”) relief against Intelligent and Killis from trade mark infringement and dismissing their counterclaim for the reasons set out in her judgment in Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd [2023] EWHC 411 (IPEC) (27 Feb 2023).’

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NIPC Law, 4th January 2024

Source: nipclaw.blogspot.com

Retained EU law reforms come into force in the UK – OUT-LAW.com

Posted January 4th, 2024 in EC law, news, statute law revision, statutory interpretation by sally

‘The way that thousands of pieces of UK legislation are interpreted could change after a new Act impacting the way EU-derived laws are applied in the UK entered into force.’

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OUT-LAW.com, 3rd January 2024

Source: www.pinsentmasons.com

Get Up to Speed – What You Need to Know in Summary About the Upcoming Amendments to the Equality Act 2010 – Pump Court Chambers

Posted January 3rd, 2024 in brexit, chambers articles, EC law, equality, news by sally

‘The Equality Act (“EqA”) 2010 (Amendment) Regulations 2023 (“the Regulations”) will amend the EqA 2010 to protect certain rights against discrimination derived from EU law, so they are not lost by the Retained EU Law (Revocation and Reform) Act 2023.’

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Pump Court Chambers, 10th November 2023

Source: www.pumpcourtchambers.com

Equality Act to get EU upgrade – Local Government Lawyer

‘The Retained EU Law (Revocation and Reform) Act 2023 triggered concerns about the future of domestic employment law, which originated in the EU. New draft regulations, The Equality Act 2010 (Amendment) Regulations 2023 which are planned to come into force on 1 January 2024 provide welcomed clarity on the issue in respect of the Equality Act 2010, writes David Leach.’

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Local Government Lawyer, 15th December 2023

Source: www.localgovernmentlawyer.co.uk

Brexit-backer Richard Desmond invokes EU law to sue Gambling Commission – The Guardian

Posted December 5th, 2023 in damages, EC law, gambling, licensing, news by michael

‘Richard Desmond, the Brexit-backing media tycoon, is invoking EU law to sue the gambling regulator after it rejected his “fanciful” bid to run the national lottery, in a suit that could deprive good causes of millions of pounds.’

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The Guardian, 3rd December 2023

Source: www.theguardian.com

The UK’s overhaul of procurement legislation – OUT-LAW.com

Posted November 23rd, 2023 in bills, EC law, news, public procurement by sally

‘On 26 October, the Procurement Bill completed its passage through the UK parliament and became the Procurement Act 2023. This constitutes an important milestone in the transformation of the UK procurement law regime which for the moment continues to be governed by rules that are based on EU legislation.’

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OUT-LAW.com, 22nd October 2023

Source: www.pinsentmasons.com

Kate Ollerenshaw: Impact Assessment as an Accountability Mechanism: Past, Present and Future – UK Constitutional Law Association

Posted November 9th, 2023 in brexit, company law, constitutional law, EC law, government departments, news by sally

‘On 19th September, the Government published a revised version of the Better Regulation Framework Manual setting out its new approach to impact assessment for regulatory measures. The system it will replace was aligned with the Government’s formal mechanisms to incentivise a reduction in the burden of regulation on business and civil society, but the repeal of the statutory Business Impact Target (BIT) by s. 18 of the Retained EU Law (Revocation and Reform) Act 2023 and the Government’s commitment to ‘Smarter Regulation to Grow the Economy’ in the post-Brexit world prompted revisions. At first sight the proposals, including the creation of a new ‘options assessment’, seem to address some criticisms of the previous system. As always though, ‘the devil is in the detail’ and ‘the proof of the pudding will be in its eating’. This post looks at the proposed changes in the light of past practice to highlight areas where the effectiveness of impact assessment as an accountability mechanism might remain compromised. For reasons of space, this post focuses on impact assessment as a prospective tool rather than its role in post-implementation review.’

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UK Constitutional Law Association, 9th November 2023

Source: ukconstitutionallaw.org

The UK’s consumer product safety legal and regulatory regime – OUT-LAW.com

Posted October 19th, 2023 in consumer protection, EC law, health & safety, news, regulations by sally

‘The UK’s consumer product liability and safety regime is broadly derived from EU legislation, which imposes obligations on each of the players in the supply chain from manufacturer through to distributor.’

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OUT-LAW.com, 18th October 2023

Source: www.pinsentmasons.com

UK kick off domestic data protection law shift – OUT-LAW.com

Posted October 5th, 2023 in brexit, data protection, EC law, human rights, news, regulations by sally

‘Forthcoming changes to the basis of UK data protection law, although likely to be of minor practical impact, nevertheless represent an important shift in the lens through which domestic data protection legislation is viewed.’

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OUT-LAW.com, 4th October 2023

Source: www.pinsentmasons.com

Global whistleblower protection laws: a comprehensive guide to legal requirements – OUT-LAW.com

Posted September 14th, 2023 in disclosure, EC law, foreign jurisdictions, news, whistleblowers by tracey

‘Whistleblowing complaints are growing in frequency all over the world and in all kinds of organisations.’

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OUT-LAW.com, 13th September 2023

Source: www.pinsentmasons.com

Retained EU law in the UK after Brexit – OUT-LAW.com

Posted September 14th, 2023 in amendments, brexit, EC law, enforcement, news, repeals by tracey

‘Some EU law has been carried over into UK law after Brexit, so that there would be continuity in the many areas of UK law originally based on EU law.’

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OUT-LAW.com, 13th September 2023

Source: www.pinsentmasons.com

UK fails to ban 36 harmful pesticides outlawed for use in EU – The Guardian

‘The UK has failed to ban 36 pesticides that are not allowed for use in the EU, as campaigners say it is becoming the “toxic poster child of Europe”. Though ministers promised the UK would not water down EU-derived environmental standards after Brexit, there have been multiple instances of divergence since the country left the bloc.’

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The Guardian, 13th September 2023

Source: www.theguardian.com

Brexit: EU-derived equal pay protections to be retained – BBC News

Posted August 31st, 2023 in brexit, EC law, equal pay, news, women by tracey

‘Women will still have the right to equal pay with men when an EU protection lapses at the end of this year, the government says.’

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BBC News, 30th August 2023

Source: www.bbc.co.uk

The Consumer Rights Act 2015 A New Front in Solicitor-Client Assessments? – Hailsham Chambers

Posted August 23rd, 2023 in chambers articles, consumer protection, costs, EC law, fees, news, solicitors by sally

‘Surprisingly, the latest development in solicitor-client costs disputes has not come from the domestic courts, but from the European Court of Justice (ECJ). It has the potential to open up a new line of attack in Solicitors Act detailed assessments if the courts decide to apply it.’

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Hailsham Chambers, 3rd July 2023

Source: www.hailshamchambers.com

Umbrella Interchange Fee Proceedings – Blackstone Chambers

Posted August 4th, 2023 in appeals, brexit, chambers articles, competition, EC law, fees, limitations, news, time limits by sally

‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’

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Blackstone Chambers, 28th July 2023

Source: www.blackstonechambers.com

Product safety laws to be changed to better protect online shoppers – The Guardian

‘The UK’s product safety regime is to be overhauled to provide better protection for the public and make it “fit for the digital age”, ministers have announced.’

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The Guardian, 2nd August 2023

Source: www.theguardian.com

Update on British Citizenship for Children of EEA Nationals – EIN Blog

Posted July 26th, 2023 in brexit, children, citizenship, EC law, families, immigration, news by sally

‘In our previous article, we discussed the complexities arising from the case of R (on the application of Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin) for children of EEA nationals and their potential claims to British citizenship. This case raised the question of whether the Secretary of State had been correct to treat children born before 2 October 2000 to EU citizens residing in the UK pursuant to their rights under EU law as having automatically acquired British citizenship at birth.’

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EIN Blog, 25th July 2023

Source: www.ein.org.uk