Category: EC law
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.’
UK Constitutional Law Association, 18th December 2020
Source: ukconstitutionallaw.org
Information commissioner gets busy with fines – Law Society’s Gazette
‘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.’
Law Society's Gazette, 7th December 2020
Source: www.lawgazette.co.uk
Government plans ban on controversial live animal exports – The Independent
‘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”.’
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.’
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
‘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.
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”).’
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
‘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)).’
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.’
Each Other, 17th November 2020
Source: eachother.org.uk
Protection of shapes in 2020: Trade Marks, Copyright & IPR Cumulation – 3PB
‘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.’
3PB, 3rd November 2020
Source: www.3pb.co.uk
Immigration Act receives Royal Assent: free movement to end on 31 December 2020 – Home Office
‘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.’
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
‘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.’
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.’
Lamb Chambers, October 2020
Source: www.lambchambers.co.uk
New Judgment: R (on the application of Highbury Poultry Farm Produce Ltd) v Crown Prosecution Service [2020] UKSC 39 – UKSC Blog
‘The Supreme Court unanimously dismissed this appeal addressing whether proof of an offence contrary to Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing (England) Regulations 2015, brought against a business operator as defined in Regulation (EC) No. 1099/2009 on the protection of animals at the time of killing, requires proof of mens rea and/or some culpable act or omission on the part of the business operator.’
UKSC Blog, 16th October 2020
Source: ukscblog.com
Supreme Court rejects appeal over allocation of housing to members of religious group – Local Government Lawyer
‘The Supreme Court has unanimously dismissed an appeal over the lawfulness and proportionality of a housing charity’s policy of allocating social housing primarily to members of the Orthodox Jewish community in Hackney and in particular the Haredi community.’
Local Government Lawyer, 16th October 2020
Source: www.localgovernmentlawyer.co.uk
Court of Appeal to have power to depart from EU law – Litigation Futures
‘The Ministry of Justice (MoJ) is to allow the Court of Appeal as well as the Supreme Court to depart from European Union case law from next year, despite the opposition of a majority of respondents to a consultation.’
Litigation Futures, 19th October 2020
Source: www.litigationfutures.com
New Brexit law will let vulnerable EU citizens apply late to stay in UK – The Guardian
‘The government is to fast-track legislation that it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’
The Guardian, 15th October 2020
Source: www.theguardian.com
New Brexit law will allow vulnerable EU citizens to apply late to stay in UK – The Guardian
‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’
The Guardian, 15th October 2020
Source: www.theguardian.com
Report from Public Law Project warns of serious deficiencies in UK law making with huge rise in statutory instruments – Local Government Lawyer
‘The UK’s withdrawal from the EU has led to a “tsunami” of delegated legislation in the form of statutory instruments (SIs), according to a report by the Public Law Project.’
Local Government Lawyer, 13th October 2020
Source: www.localgovernmentlawyer.co.uk
‘I have nothing’: Roma people left without support and at risk of exploitation due to digital-only status – The Independent
‘People from Britain’s Roma community are being left unable to access vital support and are exposed to exploitation due to the government’s new digital-only status for EU citizens, research reveals.’
The Independent, 5th October 2020
Source: www.independent.co.uk
