Akinsanya judgment in Court of Appeal: Home Secretary must re-think EUSS rules for Zambrano carers – EIN Blog

Posted January 26th, 2022 in appeals, carers, children, EC law, government departments, immigration, news by sally

‘The Court of Appeal has dismissed the Home Secretary’s appeal in Akinsanya, finding that she misinterpreted UK law when setting the Immigration Rules for Zambrano carers under the EU Settlement Scheme (‘EUSS’). The result is that she will now need to reconsider, and potentially redraft, the EUSS Rules as they relate to Zambrano carers. This could have a positive impact on thousands of parents of British citizen children in the UK.’

Full Story

EIN Blog, 25th January 2022

Source: www.ein.org.uk

Research Briefing: The regulation of e-cigarettes – House of Commons Library

Posted January 14th, 2022 in EC law, news, parliament, smoking by tracey

‘This briefing paper provides an overview on the regulation of e-cigarettes.’

Full Story

House of Commons Library , 12th January 2022

Source: commonslibrary.parliament.uk

France to push for EU-wide UK migration treaty over Channel crossings – The Guardian

Posted January 11th, 2022 in asylum, EC law, France, immigration, news, treaties by tracey

‘France will press the EU to negotiate an asylum and migration treaty with the UK in an attempt to deter people from making the dangerous Channel crossing.’

Full Story

The Guardian, 10th January 2022

Source: www.theguardian.com

Appeal judges shut door on single-stage flight claims – Legal Futures

Posted January 5th, 2022 in airlines, appeals, compensation, delay, EC law, interpretation, news by sally

‘The flight delay compensation industry has suffered a blow after appeal judges rejected a claim over a four-stage flight from the US to India that was delayed when leaving Heathrow.’

Full Story

Legal Futures, 5th January 2022

Source: www.legalfutures.co.uk

English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by tracey

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

Full Story

Law Society's Gazette, 29th December 2021

Source: www.lawgazette.co.uk

Van drivers in UK will need new operating licences to enter EU from May – The Guardian

Posted December 17th, 2021 in brexit, EC law, licensing, news, transport by michael

‘Van drivers will be required to get new international operating licences if they want to travel back and forth to the EU from May next year, the government has announced.’

Full Story

The Guardian, 16th December 2021

Source: www.theguardian.com

Kenneth A. Armstrong: From the Shadow of Hierarchy to the Shadow of Competition – Common Frameworks and the Disciplining of Divergence – UK Constitutional Law Association

Posted December 16th, 2021 in agreements, brexit, EC law, international relations, markets, news by sally

‘This time last year, the controversial United Kingdom Internal Market Bill was ping-ponging between the Commons and Lords. A key point of contention concerned the relationship between the ‘market access’ principles now enshrined in the Act – the mutual recognition and non-discrimination principles – and future exercises of devolved rule-making. Should post-Brexit internal regulatory divergence be legally disciplined by a strong version of the mutual recognition principle or insulated from such forces? As I explained in a contribution to this blog a year ago, a partial answer can be found in Sections 10(2) and 18(3) of the Act which allows the Secretary of State, by regulations, to amend Schedule 1 (goods) and Schedule 2 (services) to exclude the outcome of a ‘common framework agreement’ from the scope of application of the market access principles. The aim of this new post is to consider how this power is likely to work in light of a written ministerial statement made on 9 December 2021 setting out the mechanism for its implementation.’

Full Story

UK Constitutional Law Association, 15th December 2021

Source: ukconstitutionallaw.org

New Judgment: R (on the application of Association of Independent Meat Suppliers and another) v Food Standards Agency [2021] UKSC 54 – UKSC Blog

Posted December 9th, 2021 in appeals, EC law, food, food hygiene, news, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal concerned the operation of the European Union (“EU”) system for the inspection of meat products to ensure that proper health and safety standards are maintained. The facts of the case arose at a time when, pursuant to the Brexit transition arrangements, EU law was applicable. In 2019, the Supreme Court made a reference to the Court of Justice of the European Union (“CJEU”) on this issue, and the CJEU has now delivered its judgment. The Supreme Court now determines this appeal based on that judgment.’

Full Story

UKSC Blog, 8th December 2021

Source: ukscblog.com

New Judgment: Fratila and another (AP) v Secretary of State for Work and Pensions [2021] UKSC 53 – UKSC Blog

Posted December 2nd, 2021 in benefits, brexit, EC law, news, regulations, Supreme Court by sally

‘The Respondents are Romanian nationals residing in the UK. They both made applications for universal credit in June 2019. At the time of their applications, the Respondents’ right to reside in the UK arose solely from their pre-settled status under the EU Settlement Scheme. The Respondents’ applications were refused because the Universal Credit Regulations 2013, as amended by the Social Security (Income Related Benefits) (Updating and Amendment) (EU exit) Regulations 2019 (the “2019 Regulations”) do not permit universal credit to be granted solely on the basis of an individual’s pre–settled status.’

Full Story

UKSC Blog, 2nd December 2021

Source: ukscblog.com

Relocating hen harrier chicks to spare grouse for the gun – UK Human Rights Blog

Posted November 22nd, 2021 in appeals, birds, charities, EC law, human rights, hunting, judicial review, licensing, news by tracey

‘RSPB, R (On the application of) v Natural England [2021] EWCA Civ 1637 (9 November 2021). This case was an appeal by the RSPB and Dr Mark Avery, a scientist specialising in nature conservation, against a ruling by the court below that the grant of a licence by the respondent, Natural England (NE), to “take and disturb” hen harriers from the Northern English uplands for scientific, research or educational purposes pursuant to the Wildlife and Countryside Act 1981 Pt I s.16(1)(a) was lawful.’

Full Story

UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

Only five Channel migrants returned to Europe this year as minister admits ‘difficulties’ – The Independent

Posted November 18th, 2021 in brexit, deportation, EC law, immigration, news, statistics by tracey

‘Only five migrants who crossed the Channel into Britain by boat have been successfully deported back to the continent this year, an immigration minister has revealed.’

Full Story

The Independent, 17th November 2021

Source: www.independent.co.uk

Will the UK trigger article 16 – and what will happen if it does? – The Guardian

Posted November 5th, 2021 in brexit, EC law, news, Northern Ireland by michael

“Fears are growing that the UK will trigger article 16 of the Northern Ireland protocol, potentially rupturing the already strained relations with the EU. If talks with the EU collapse, it is expected just after Cop26 in seven days’ time.”

Full Story

The Guardian, 5th November 2021

Source: www.theguardian.com

New Judgment: Anwar v The Advocate General for Scotland (representing the Secretary of State for Business, Energy and Industrial Strategy) (Scotland) [2021] UKSC 44 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal concerning the petition for judicial review against the Department for Business, Energy and Industrial Strategy for failure to provide effective interim protection for successful workplace discrimination and harassment claims, in breach of EU law.’

Full Story

UKSC Blog, 13th October 2021

Source: ukscblog.com

Bringing it all back home: TUPE reform after Brexit – by Charles Wynn-Evans – UK Labour Law

Posted September 24th, 2021 in brexit, EC law, employment, interpretation, news, transfer of undertakings by sally

‘Despite the concerns expressed by many commentators ahead of Brexit about the possibility of significant deregulatory reform of employment protection legislation once the United Kingdom left the EU, precious little has been heard subsequently in this regard in terms of specific proposals other than a brief flurry of speculation earlier this year about potential reform of working time, rest break and holiday entitlement provisions. This culminated in the Government’s confirmation that a review of workers’ rights would not be proceeding and its statement, in explaining the failure to include the promised Employment Bill in the most recent Queen’s Speech, that it is “unequivocal in its commitment to protect and enhance workers’ rights as we build back better from the pandemic….”’

Full Story

UK Labour Law, 22nd September 2021

Source: uklabourlawblog.com

Government to undertake review of ‘Retained EU law’, ensure courts have full ability to depart from EU case law “according to normal rules” – Local Government Lawyer

Posted September 20th, 2021 in brexit, data protection, EC law, government departments, news, statute law revision by tracey

‘The Government is to conduct a review of “Retained EU law”, the legislation taken onto the statute book through the European Union (Withdrawal) Act of 2018, Lord Frost has announced.

Full Story

Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Aileen McHarg and Alison L. Young: The Resilience of the (Old) British Constitution – UK Constitutional Law Association

‘In 2009, Vernon Bogdanor wrote about The New British Constitution. His thesis was that a decade of New Labour reforms had produced a shift in the nature of the constitution, from one based on parliamentary sovereignty, to one based on the “sovereignty of the constitution”. Since 2009, further constitutional reforms have been implemented by governments of various political stripes, apparently consolidating the legalisation of the constitution, and the dispersal of power from the institutions of central government to Parliament, the devolved institutions, and the courts. The New British Constitution appeared to be firmly established. Recent events, however, demonstrate the shaky foundations of this new constitutionalism, with a growing trend towards a weakening of both legal and political checks on Governmental power. This blog post draws attention to this worrying trend, focusing on three key examples. It is based on the findings of the first report of the Constitutional Monitoring Group (of which the authors are both members), established to provide a biannual barometer of the state of constitutional principles in the UK. The report raises concerns not just about the potential consequences of this trend, but of the piecemeal and rapid manner in which it is occurring, with some important constitutional changes appearing to happen under the radar.’

Full Story

UK Constitutional Law Association, 8th September 2021

Source: ukconstitutionallaw.org

UK to overhaul privacy rules in post-Brexit departure from GDPR – The Guardian

Posted August 27th, 2021 in brexit, data protection, EC law, government departments, internet, news, privacy by tracey

‘Britain will attempt to move away from European data protection regulations as it overhauls its privacy rules after Brexit, the government has announced.’

Full Story

The Guardian, 26th August 2021

Source: www.theguardian.com

Power station firms to pay £6m after breaking market manipulation laws – The Guardian

Posted August 24th, 2021 in consumer protection, EC law, electricity, markets, news, regulations by sally

‘Two companies linked to a UK power station capable of supplying up to 1m homes are to pay £6m after breaking market manipulation laws.’

Full Story

The Guardian, 24th August 2021

Source: www.theguardian.com

UK asylum policy after Brexit – EIN Blog

Posted August 13th, 2021 in asylum, bills, brexit, EC law, government departments, immigration, news, refugees by tracey

‘Since the end of the Brexit transition period on 31 December 2020, the EU’s Common European Asylum System (CEAS) no longer applies to the UK. The government has now introduced its Nationality and Borders Bill to reform the UK’s asylum system.’

Full Story

EIN Blog, 12th August 2021

Source: www.ein.org.uk

Welsh Gower salt marsh lamb given protected status under new post-Brexit regime – The Independent

Posted August 11th, 2021 in brexit, EC law, food, news by tracey

‘Welsh Gower salt marsh lamb has become the first food product to receive protected status under a new post-Brexit regime.’

Full Story

The Independent, 11th August 2021

Source: www.independent.co.uk