Government issues guidance for local authorities on Brexit preparations – Local Government Lawyer

Posted January 30th, 2019 in brexit, budgets, EC law, local government, news by sally

‘The Ministry of Housing, Communities and Local Government has issued guidance to assist local authority preparedness for Brexit and announced that it will provide £56.5m in financial support to councils in England.’

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Local Government Lawyer, 29th January 2019

Source: www.localgovernmentlawyer.co.uk

Four key messages about EU staff and Brexit – Technology Law Update

Posted January 23rd, 2019 in brexit, EC law, employment, news, treaties by sally

‘The recent vote in the UK House of Commons to reject the EU Withdrawal Agreement may result in additional concern for EU staff and their employers in the tech sector.’

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Technology Law Update, 23rd January 2019

Source: www.technology-law-blog.co.uk

Jurisdiction after a no deal Brexit – Competition Bulletin

Posted January 23rd, 2019 in brexit, domicile, EC law, jurisdiction, news, treaties by sally

‘Time for some more speculation about the future which awaits us after 29 March. The topic this time is jurisdiction.’

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Competition Bulletin, 22nd January 2010

Source: competitionbulletin.com

Climate change: ‘Right to repair’ gathers force – BBC News

‘It is frustrating: you buy a new appliance then just after the warranty runs out, it gives up the ghost.’

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BBC News, 9th January 2019

Source: www.bbc.co.uk

Police officers can do anything that a citizen can – UK Police Law Blog

Posted January 9th, 2019 in citizenship, EC law, immigration, news, police by sally

‘The case of R (Application of the Centre for Advice on Individual Rights in Europe) and (1) Sec State Home Dept (2) Commissioner of Police of the Metropolis [2018] EWCA 2837 (Civ) holds that police officers have the power to do anything that an ordinary citizen can do.’

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UK Police Law Blog, 3rd January 2019

Source: ukpolicelawblog.com

Home Secretary announces new skills-based immigration system – Home Office

Posted December 20th, 2018 in bills, brexit, EC law, freedom of movement, immigration, news by tracey

‘The Home Secretary announces a new route for skilled workers, strengthened border security and an end to free movement as part of a new immigration system.’

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Home Office, 19th December 2018

Source: www.gov.uk

Aris Georgopoulos: Revoking Article 50 TEU (C-621/18 Wightman and others): “Iphigenia Must Reach the Altar” – UK Constitutional Law Association

Posted December 18th, 2018 in brexit, constitutional law, EC law, news, treaties by sally

‘The CJEU’s ruling in C-621/18 Wightman and others clarifying that Member States can unilaterally revoke the withdrawal notification of Article 50 (2) TEU, is bound to have repercussions; in the case of Brexit and beyond.’

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UK Constitutional Law Association, 17th December 2018

Source: ukconstitutionallaw.org

Kenneth Armstrong: The Advent of Brexit – Can It Be Paused? – UK Constitutional Law Association

Posted December 12th, 2018 in brexit, constitutional law, EC law, news, notification, time limits, treaties by sally

‘As each day passes, a new window seems to be thrown open exposing a fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like an advent calendar for lawyers.’

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UK Constitutional Law Association, 12th December 2018

Source: ukconstitutionallaw.org

GDPR: Small business owners still ‘clueless’ about Data Protection Rules, study claims – The Independent

Posted December 12th, 2018 in data protection, EC law, news, small businesses by sally

‘Small business owners polled for a new survey have admitted they are still “clueless” about GDPR – leaving the personal data of millions of employees and customers at risk.’

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The Independent, 12th December 2018

Source: www.independent.co.uk

What does the Brexit Withdrawal Agreement mean for the European Arrest Warrant? Read the small print… – Doughty Street Chambers

Posted December 12th, 2018 in brexit, EC law, extradition, news, warrants by sally

‘Whether you consider it is the duty of our fellow citizens to read the 599 pages of the Withdrawal Agreement before expressing an opinion on Brexit, it is certainly the duty of any lawyer entering the fray.’

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Doughty Street Chambers, 27th November 2018

Source: insights.doughtystreet.co.uk

Dublin returns to Italy give rise to an arguable breach of Article 3 ECHR – Garden Court Chambers

Posted December 12th, 2018 in asylum, EC law, human rights, judicial review, mental health, news by sally

‘Judgment in the test case of SM & Ors v SSHD was handed down by the Upper Tribunal on 4 December 2018. The Tribunal quashed the decision to certify SM and RK’s human rights claims as “clearly unfounded” on the basis that their particular vulnerability, combined with the latest evidence of profound problems with the Italian reception system meant that that the Secretary of State should either exercise the discretion to consider their claims here or obtain an assurance that they would be provided with appropriate accommodation. The evidence before the Tribunal predated the latest Italian government’s anti-migrant policies.’

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Garden Court Chambers, 4th December 2018

Source: www.gardencourtchambers.co.uk

Upper Tribunal Rules Home Office’s Removal of Disputed Minor to Germany Unlawful and Orders his Return to UK – Garden Court Chambers

Posted December 12th, 2018 in asylum, children, EC law, judicial review, mental health, news by sally

‘Following a hearing that took place on 11 October 2018, Mr Justice William Davis, a High Court Judge sitting in the Upper Tribunal, ruled that the Home Office unlawfully removed ‘QH’, an exceptionally vulnerable young Afghan male, to Germany. As a result, the Court has today ordered the Home Office to take steps to return QH to the UK so that his asylum claim can be decided here.’

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Garden Court Chambers, 4th December 2018

Source: www.gardencourtchambers.co.uk

Red line crossed? The Withdrawal Agreement’s arbitration clause – 4 New Square

‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’

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4 New Square, 22nd November 2018

Source: www.4newsquare.com

Judgment handed down in the case of O’Brien v Ministry of Justice – Cloisters

‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’

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Cloisters, 7th November 2018

Source: www.cloisters.com

The myth that Article 50 is a one-way street – New Law Journal

Posted December 11th, 2018 in brexit, EC law, news, statutory interpretation, treaties by sally

‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’

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New Law Journal, 5th December 2018

Source: www.newlawjournal.co.uk

Joseph Barrett succeeds in Art. 50 Notification/EU Referendum legal challenge – 11 KBW

Posted December 11th, 2018 in brexit, EC law, judicial review, news, referendums, time limits by sally

‘Following a day long oral hearing the High Court has dismissed a wide-ranging crowd-funded claim for judicial review which sought to challenge the outcome of the EU Referendum, the giving of Article 50 notification to leave the EU and the alleged subsequent inaction of the Prime Minister in the face of the Electoral Commission’s findings of breaches of campaign finance and other requirements by Vote Leave and other leave campaigners during the 2016 EU Referendum campaign.’

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11 KBW, 10th December 2018

Source: www.11kbw.com

Jurisdiction after Exit Day: What does the draft Withdrawal Agreement tell us? – 4 New Square

Posted December 11th, 2018 in brexit, EC law, jurisdiction, news by sally

‘The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018.’

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4 New Square, 16th November 2018

Source: www.4newsquare.com

Brexit and EU citizens – latest developments – Technology Law Update

Posted December 11th, 2018 in brexit, citizenship, EC law, immigration, news, pilot schemes by sally

‘Ahead of the planned parliamentary vote on the UK / EU Withdrawal Agreement, many EU nationals remain concerned about their future status in the UK, particularly in the event of a no-deal Brexit. So what do we know at this stage?’

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Technology Law Update, 10th December 2018

Source: www.technology-law-blog.co.uk

Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50? – UK Constitutional Law Association

Posted December 10th, 2018 in brexit, constitutional law, EC law, news, notification, referendums, Scotland, treaties by sally

‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’

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UK Constitutional Law Association, December 2018

Source: ukconstitutionallaw.org

Brexit: UK can unilaterally revoke article 50, says ECJ – The Guardian

‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’

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The Guardian, 10th December 2018

Source: www.theguardian.com