‘The Supreme Court delivered its long anticipated judgment on Zambrano carers in Patel v Secretary of State for the Home Department [2019] UKSC 59 on 16 December 2019.’
Richmond Chambers, 1st January
Source: immigrationbarrister.co.uk
‘The government will move to reassure the public that Britain’s current high standards on animal welfare and farming will be maintained after Brexit with a pledge to ensure future trade deals live up to the values of farmers and consumers.’
The Guardian, 8th January 2020
Source: www.theguardian.com
‘In 2019, we reported on the tragic case of Tafida Raqeeb. Raqeeb v Barts Health NHS Trust [2019] EWHC 2531 (Admin) and [2019] EWHC 2530 (Fam)). As a brief reminder, Tafida Raqeeb, now aged 5, experienced a catastrophic brain injury in February 2019. The treating hospital believed that it was in her best interests for treatment to be withdrawn. Tafida’s parents disagreed and wished for life-sustaining treatment to continue. They sought alternative options and wanted to take Tafida to Italy for treatment. The Hospital Trust applied to the family court for permission to withdraw treatment. Tafida’s parents also sought judicial review of the Trust’s decision, arguing that the refusal by the Trust to allow Tafida’s parents to transfer her to Italy was an infringement of her EU rights. Mr Justice MacDonald decided that the decision of the Trust was unlawful but declined to grant relief to Tafida. In the proceedings under the Children Act 1989, the application of the NHS Trust, for an order that treatment be withdrawn, was dismissed.’
Transparency Project, 3rd January 2020
Source: www.transparencyproject.org.uk
‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’
UK Human Rights Blog, 19th December 2019
Source: ukhumanrightsblog.com
‘The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.’
Family Law, 18th December 2019
Source: www.familylaw.co.uk
‘The newsletter features the following articles:
Natasha Draycott:Transfer of sentence from the UK;
Gemma Rose: Provides a case law update on the Public Prosecutor – A ‘judicial authority’?
Louisa Collins: Westminster Rejects Extradition to Nigeria.
Ben Keith & Louisa Collins: 5SAH EXTRADITION: An Introduction for Chambers and Partners.’
5SAH, December 2019
Source: 5sah.cmail19.com
‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’
Garden Court Chambers, 27th November 2019
Source: www.gardencourtchambers.co.uk
‘The regime for registered pension schemes, which was first established with effect from A-Day (6 April 2006), is renowned for a number of things. One of those things is the expansion of the categories of person who can establish a pension scheme. However, as a recent case shows, the legislation contains anomalies.’
Wilberforce Chambers, 24th November 2019
Source: www.wilberforce.co.uk
‘Islam Khan explores what the “BANGER” extension establishes and how it affects the current “Surinder Singh” principle.’
Church Court Chambers, 2nd December 2019
Source: churchcourtchambers.co.uk
‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’
UK Human Rights Blog, 3rd December 2019
Source: ukhumanrightsblog.com
‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’
UKSC Blog, 27th November 2019
Source: ukscblog.com
‘The application of copyright law to hyperlinking has been clarified by the High Court in London in a judgment that will be welcomed by rights holders, an intellectual property law expert has said.’
OUT-LAW.com, 6th November 2019
Source: www.pinsentmasons.com
‘The European Union (Withdrawal Agreement) Bill (“WAB”) is (to put it mildly) a web of complexity.’
Monckton Chambers, 25th October 2019
Source: www.monckton.com
‘The High Court has declined jurisdiction over an abuse of dominance claim against HEVC Advance (incorporated in Delaware) and Philips (incorporated in the Netherlands).’
Blackstone Chambers, 22nd October 2019
Source: www.blackstonechambers.com
‘Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm, in resisting claims by the bank on personal guarantees. The case raised a number of important points of European cross border insolvency law under the European Insolvency Regulation, and the English Court’s exercise of a foreign law judicial power.’
4 New Square, 28th October 2019
Source: www.4newsquare.com
‘The issue in this appeal was whether a movement of capital between the United Kingdom and Jersey should be regarded as an internal transaction taking place within a single member state for the purposes of article 56 of the Treaty Establishing the European Community; and if not, whether the refusal of relief under section 23 in respect of the gift to the Coulter Trust is justifiable under EU law.’
UKSC Blog, 16th October 2019
Source: ukscblog.com
‘Writing only weeks before the (re)scheduled date of UK withdrawal from the EU, there seems little of which to be certain: it is still uncertain whether the UK will withdraw on a ‘No-Deal’ basis, or under a Withdrawal Agreement. Whatever the process of withdrawal, however, there should be no doubt that it will have a negative impact on the system of rights protection in the UK. Beyond the immediate loss of rights and remedies which arise directly from EU membership, the legal process of withdrawal has already indicated this negative impact: under the European Union (Withdrawal) Act 2018, the EU Charter of Fundamental Rights will not be retained, just as general principles (including recognisably fundamental rights) are retained only where they have been recognised by EU case law but given no right of action or remedy. The 2018 Act also follows similar Brexit legislation in delegating wide legislative power to the executive (unprecedented in scale and scope) to amend or repeal retained EU law. While the cumulative effect of Brexit is as yet near-impossible to fully gauge, the aim of this post is to introduce four categories of risk to the protection of rights posed by the Brexit process.’
Oxford Human Rights Hub, 7th October 2019
Source: ohrh.law.ox.ac.uk
‘The Supreme Court has granted Mastercard permission to appeal against the Court of Appeal ruling that kept the massive £14bn class action over interchange fees alive.’
Litigation Futures, 8th October 2019
Source: www.litigationfutures.com
‘The government’s failure to reform outdated legislation caused some EU citizens in the UK and British citizens overseas to lose their vote in the European elections in May, the Electoral Commission has concluded.’
The Guardian, 8th October 2019
Source: www.theguardian.com
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