Category: EC law

New Judgment: Zipvit Ltd v Commissioners for Her Majesty’s Revenue and Customs [2020] UKSC 15 – UKSC Blog

Posted April 6th, 2020 in appeals, EC law, news, references to European Court, statutory interpretation, Supreme Court, taxation, VAT by sally

‘The case concerned whether Zipvit, a trader selling vitamins and minerals by mail order, is entitled when accounting for VAT on its sales to make deductions of input VAT (the tax paid by the trader on goods and services purchased in connection with its business, as opposed to output VAT, which is the tax charged to the consumer by the trader on its goods or services) in respect of the price of postal services supplied to it by Royal Mail.’

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UKSC Blog, 1 April 2020

Source: ukscblog.com

COVID-19: Competition and State Aid Law During the Coronavirus Crisis – St John’s Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, EC law, news, state aids by sally

‘This note reflects developments as at 26 March 2020. It provides an overview of how UK and
EU competition law and EU State aid law will apply during the COVID-19 crisis. It is not legal
advice and should not be relied upon as such.’

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St John's Chambers, 26th March 2020

Source: www.stjohnschambers.co.uk

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

Posted March 24th, 2020 in benefits, chambers articles, children, disabled persons, EC law, families, news, tribunals by sally

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

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Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

Big Data in the Post-Brexit Era – Where Oh Where Will It Be? – The 36 Group

Posted March 23rd, 2020 in brexit, chambers articles, data protection, EC law, internet, jurisdiction, news by sally

‘Joseph Dalby SC and Flavia Kenyon, barristers at 36 Commercial, examine the reasons and implications of big data and social media giants moving UK-data overseas.’

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The 36 Group, 4th March 2020

Source: 36group.co.uk

EP 104: The Status of EU law During the Transition Period and Beyond – Law Pod UK

Posted March 16th, 2020 in brexit, EC law, news by sally

‘In Episode 104, an esteemed panel of speakers discuss the complexities of EU law during the Brexit transition period and beyond, as part of an event hosted by the Constitutional and Administrative Bar Association. The panel features Lord Anderson of Ipswich, Professor Catherine Barnard, Professor of European Union law at Cambridge and Alison Pickup, Legal Director at the Public Law Project.’

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Law Pod UK, 11th March 2020

Source: audioboom.com

Supreme Court refuses MIB permission to appeal in landmark case establishing liability for accidents on private land – Exchange Chambers

Posted March 3rd, 2020 in accidents, appeals, EC law, Motor Insurers’ Bureau, news, personal injuries, Supreme Court by sally

‘On 13.2.20 the Supreme Court (Lord Reed (President), Lady Arden and Lord Hamblen JJSC) refused the MIB’s application for permission to appeal against a finding that it was directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded that it was not necessary to refer the case for any ruling by the Court of Justice of the European Union. As a result, David Knifton QC (who acted for the Claimant) explains, the MIB has exhausted all avenues of appeal, and will have to meet Mr Lewis’s claim for the catastrophic injuries he suffered.’

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Exchange Chambers, 20th February 2020

Source: www.exchangechambers.co.uk

Case Comment: Micula and others v Romania [2020] UKSC 5 – UKSC Blog

Posted March 3rd, 2020 in appeals, arbitration, compensation, EC law, news, state aids, Supreme Court by sally

‘In this case comment, Richard Bamforth and Laura West from CMS comment on the decision handed down last month in the matter of Micula and others v Romania [2020] UKSC 5. Richard Bamforth is a partner in the Litigation and Arbitration group of CMS, based in the London office. He specialises in international arbitration (as counsel and as arbitrator), commercial litigation and alternative dispute resolution, with a focus on cross border disputes in the media, banking, finance, insolvency, energy and telecommunications sectors. Laura West is an associate at CMS based in Edinburgh. She specialises in construction, engineering and energy disputes providing operational and strategic contract advice as well as representing clients through a range of dispute resolution procedures including arbitration, litigation, adjudication and mediation. Laura has a particular interest in arbitration and is the current Vice Chair of the Global Steering Committee for the Chartered Institute of Arbitrators’ Young Members Group.’

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UKSC Blog, 2nd March 2020

Source: ukscblog.com

Supreme Court: ICSID award enforceable as state aid investigation continues – OUT-LAW.com

Posted February 27th, 2020 in arbitration, EC law, enforcement, news, state aids, Supreme Court, treaties by tracey

‘The UK Supreme Court has ruled that an arbitration award made under the International Centre for Settlement of Investment Disputes (ICSID) Convention is enforceable despite an ongoing EU state aid investigation.’

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OUT-LAW.com, 26th February 2020

Source: www.pinsentmasons.com

New Judgment: Micula & Ors v Romania [2020] UKSC 5 – UKSC Blog

Posted February 21st, 2020 in appeals, arbitration, compensation, EC law, news, state aids, Supreme Court by sally

‘The appeals arose out of the attempted enforcement of an investment arbitration award in favour of the claimants against Romania in relation to investments made by the claimants in food production in Romania before the country acceded to the EU.’

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UKSC Blog, 19th February 2020

Source: ukscblog.com

Supreme Court spurns insurers’ appeal over injuries on private land – Law Society’s Gazette

Posted February 21st, 2020 in accidents, appeals, compensation, EC law, insurance, Motor Insurers’ Bureau, news, road traffic, Supreme Court by sally

‘The Supreme Court has confirmed that insurers can be liable for accidents on private land even where the driver is not covered – but the long-running issue may not be over yet.’

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Law Society's Gazette, 20th February 2020

Source: www.lawgazette.co.uk

Last British member of European court of justice could sue EU – The Guardian

Posted February 18th, 2020 in brexit, EC law, judges, news by sally

‘The last British member of the European court of justice has said she could sue the EU over an attempt by the bloc’s 27 member states to force her out.’

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The Guardian, 17th February 2020

Source: www.theguardian.com

Challenging a Settled Status decision – Richmond Chambers

Posted February 12th, 2020 in appeals, brexit, EC law, immigration, judicial review, news by sally

‘The EU Settled Status Scheme, under Appendix EU to the Immigration Rules, opened to all applicants on 30 March 2019.’

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Richmond Chambers, 5th February 2020

Source: immigrationbarrister.co.uk

Understanding the implementation of the Withdrawal Agreement in domestic law – Brexit Law

Posted February 11th, 2020 in brexit, chambers articles, EC law, news, treaties by sally

‘As explained in a previous post, the entry into force on 31 January 2020 of the UK’s Withdrawal Agreement, following its ratification by both the UK and the EU, would not in and of itself have meant that the Withdrawal Agreement had effect in UK law. Rather, legislation was required to implement it.’

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Brexit Law, 11th February 2020

Source: brexit.law

Brexit and GDPR – Law Society’s Gazette

Posted February 10th, 2020 in brexit, data protection, EC law, fines, news by sally

‘Brexit has finally been ‘done’ but what can we data protection lawyers look forward to? Can we bin the EU General Data Protection Regulation (GDPR) along with our red EU passports?’

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Law Society's Gazette, 10th February 2020

Source: www.lawgazette.co.uk

Jurisdiction and the Recognition and Enforcement of Judgments After Brexit – 4 New Square

Posted January 28th, 2020 in brexit, EC law, enforcement, foreign jurisdictions, judgments, jurisdiction, news by sally

‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’

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4 New Square, 27th January 2020

Source: www.4newsquare.com

New Act – legislation.gov.uk

Posted January 24th, 2020 in brexit, EC law, legislation by tracey

European Union (Withdrawal Agreement) Act 2020

Source: www.legislation.gov.uk

Jack Simson Caird: The European Union (Withdrawal Agreement) Bill and the Rule of Law – UK Constitutional Law Association

Posted January 20th, 2020 in bills, brexit, constitutional law, courts, EC law, news, parliament, rule of law by sally

‘The general election on 12 December 2019 has fundamentally changed the political dynamic driving the Brexit process. The European Union (Withdrawal Agreement) Bill (WAB), which will become law before 31 January 2020, has been substantially revised (from the version which was presented in October 2019) to reflect this Government’s approach to Brexit. The Bingham Centre for the Rule of Law has published a report that looks in depth at some of the main Rule of Law issues in the WAB. This version of the WAB indicates that this Government will take a different approach from the previous one in terms of dealing with some of the key constitutional issues arising from Brexit. This post examines some of the Rule of Law implications of the main constitutional issues in the WAB.’

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UK Constitutional Law Association, 16th January 2020

Source: ukconstitutionallaw.org

Brexit: What You Need To Know On Unaccompanied Child Refugee Rights – Each Other

Posted January 15th, 2020 in asylum, bills, brexit, children, EC law, families, news, refugees by sally

‘The latest version of Withdrawal Agreement Bill (WAB) – which will write prime minister Boris Johnson’s Brexit deal into law – is being debated in the House of Lords this week.’

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Each Other, 14th January 2020

Source: eachother.org.uk

Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety? – UK Constitutional Law Association

Posted January 14th, 2020 in bills, brexit, EC law, ministers' powers and duties, news, precedent, rule of law, statutory interpretation by sally

‘The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU Withdrawal Agreement and thus depart from the European Union (EU) soon thereafter, having received its third reading in the House of Commons just last week. This contribution examines certain major consequences deriving from the Bill becoming law and, in particular, the controversial, but little discussed Clause 26 which (as Lord Pannick remarked in a recent article in the Times) requires particularly careful scrutiny.’

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UK Constitutional Law Association, 14th January 2020

Source: ukconstitutionallaw.org

VAT charges on digital versions of newspapers overturned – OUT-LAW.com

Posted January 9th, 2020 in EC law, electronic commerce, internet, media, news, statutory interpretation, VAT by tracey

‘A major publisher has been successful in overturning a previous ruling that found that the digital versions of its newspapers were subject to VAT charges.’

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OUT-LAW.com, 8th January 2020

Source: www.pinsentmasons.com