Category: EC law

Brexit white paper – Law Society’s Gazette

Posted August 1st, 2018 in brexit, EC law, employment, immigration, news, parliamentary papers, visas by sally

‘on 12 July, the government published its much-anticipated Brexit white paper on the future relationship between the UK and the EU. Secured in cabinet sessions at Chequers, the proposals broadly cover post-Brexit economic and security partnerships, cross-cutting cooperation, and institutional arrangements under the familiar but increasingly threadbare banner of ‘taking back control’. To the surprise of few, the plan was immediately criticised by Brexit hardliners as defeatist, diluted and dispirited. To the surprise of many, including the prime minister herself, it prompted the resignations of foreign secretary Boris Johnson and secretary of state for exiting the EU David Davis.’

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Law Society's Gazette, 30th July 2018

Source: www.lawgazette.co.uk

James Segan: The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – UK Constitutional Law Association

Posted July 30th, 2018 in constitutional law, EC law, news, statutory interpretation by sally

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. This post seeks briefly to summarise the purpose and architecture of the Act and to outline ten key implications for UK law and lawyers.’

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UK Constitutional Law Association, 26th July 2018

Source: ukconstitutionallaw.org

Barnier rejects UK’s Brexit customs plan – OUT-LAW.com

Posted July 30th, 2018 in brexit, customs and excise, EC law, news by sally

‘The UK’s proposed post-Brexit customs arrangements with the EU have been rejected by Michel Barnier, the EU27’s chief Brexit negotiator.’

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OUT-LAW.com, 27th July 2018

Source: www.out-law.com

Businesses quit UK courts in droves as Brexit looms – Law Society’s Gazette

Posted July 23rd, 2018 in brexit, choice of forum, dispute resolution, EC law, news by tracey

‘Businesses are already changing contracts so that disputes are heard in the European Union rather than the UK, according to a survey published today. Research from Thomson Reuters Legal found the UK’s decision to leave the EU is making business leaders questions whether London is still the best option as a global centre for dispute resolution.’

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Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

Case Comment: Goldman Sachs International v Novo Banco S.A. [2018] UKSC 34 – Supreme Court Blog

Posted July 20th, 2018 in banking, conflict of laws, EC law, jurisdiction, news by tracey

‘Dana Feinsohn, trainee solicitor in the litigation and arbitration team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Goldman Sachs International v Novo Banco S.A. [2018] UKSC 34.’

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Supreme Court Blog, 17th July 2018

Source: ukscblog.com

Solon Solomon: The Chequers Agreement: Brexit and the Infeasibility of Judicial and Legal Independence – UK Constitutional Law Association

Posted July 12th, 2018 in agreements, brexit, constitutional reform, courts, dispute resolution, EC law, news, treaties by sally

‘The Chequers agreement reshapes the UK Brexit position. By formally throwing its lot behind a soft Brexit, Theresa May’s government has made a point. It is unclear how this stance was influenced by the House of Lords voting in favour of such a soft Brexit some months ago or by the City entrepreneurs voicing their support to such a scenario. Projecting into the future, it is equally unclear how the Chequers agreement will impact UK politics and the government’s viability.’

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UK Constitutional Law Association, 12th July 2018

Source: ukconstitutionallaw.org

Brexit: trade marks and designs – 10 things to know – OUT-LAW.com

Posted July 12th, 2018 in agreements, brexit, EC law, intellectual property, news, trade marks, treaties by sally

‘While Brexit negotiations between the UK and EU are ongoing, the UK government and European Commission have found an agreement in principle that will alleviate many right holders’ concerns in respect of trade marks and designs.’

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OUT-LAW.com, 11th July 2018

Source: www.out-law.com

Court of Justice finds UK transgender state pension law discriminatory – Family Law

Posted July 10th, 2018 in EC law, marriage, news, pensions, transgender persons by sally

‘Pensions analysis: A ruling by the Court of Justice of the European Union in MB v Secretary of State for Work and Pensions Case C-451/16 [2018] All ER (D) 135 (Jun) that EU law precludes UK legislation which requires a woman who had previously been a married man to be no longer married to a woman in order to be able to claim a state retirement pension as from the statutory pensionable age applicable to women is examined by Dr Christopher Stothers, a partner at Freshfields Bruckhaus Deringer. This case has significant implications on how countries recognise changes to gender.’

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Family Law, 10th July 2018

Source: www.familylaw.co.uk

Rights holders face extra burdens under new WHOIS data plan – OUT-LAW.com

Posted July 10th, 2018 in data protection, domain names, EC law, intellectual property, internet, news by sally

‘Businesses are likely to encounter additional barriers when seeking to enforce their intellectual property (IP) rights under any new plans that are drawn up for accessing ‘WHOIS’ data.’

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OUT-LAW.com, 10th July 2018

Source: www.out-law.com

How Does New Brexit Secretary Dominic Raab Stack Up On Human Rights? – Rights Info

Posted July 10th, 2018 in brexit, constitutional reform, EC law, human rights, ministers' powers and duties, news by sally

‘In a shock resignation at almost midnight, one of the leading figures responsible for Brexit negotiations has quit his cabinet post.’

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Rights Info, 9th July 2018

Source: rightsinfo.org

Post-Brexit settlement scheme for EU nationals – Technology Law Update

Posted July 10th, 2018 in brexit, EC law, families, immigration, news, treaties by sally

‘The Government has published long-awaited details of the post-Brexit Settlement Scheme for EU nationals in the UK. Details are set out in the Government’s EU Settlement Scheme Statement of Intent.’

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Technology Law Update, 9th July 2018

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

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 5th, 2018 in appeals, banking, EC law, jurisdiction, news, Supreme Court by tracey

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

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OUT-LAW.com, 5th July 2018

Source: www.out-law.com

How much of a groundbreaking decision is the CJEU’s judgment for transgender rights? – Thibault Lechevallier – UK Human Rights Blog

Posted July 4th, 2018 in divorce, EC law, marriage, news, pensions, sex discrimination, Supreme Court, transgender persons by sally

‘Weeks after ruling against certain sexual orientation tests for asylum seekers and finding that EU Member States must recognise the free movement rights of gay spouses, regardless of whether same-sex marriages are solemnised therein, the European Court of Justice (ECJ) held that the UK requirement for transgendered persons to be unmarried in order to qualify for a State pension at the retirement age of their current gender violated EU law.’

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UK Human Rights Blog, 3rd July 2018

Source: ukhumanrightsblog.com

Stephen Tierney: The Legislative Supremacy of Government – UK Constitutional Law Association

Posted July 4th, 2018 in bills, brexit, constitutional law, EC law, news, parliament, prerogative powers by sally

‘At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.’

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UK Constitutional Law Association, 3rd July 2018

Source: ukconstitutionallaw.org

Law Pod UK Ep. 38: Brexit – Two years on – 1 COR

Posted June 28th, 2018 in bills, brexit, EC law, immigration, news, referendums, treaties by sally

‘Catherine Barnard of Cambridge University talks to reporter Boni Sones about the progress of the Brexit negotiations two years after the UK narrowly voted to leave the EU in a Referendum on Thursday, June 23rd, 2016.’

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Law Pod UK, 26th June 2018

Source: audioboom.com

New Acts – legislation.gov.uk

Posted June 27th, 2018 in EC law, legislation, nuclear power, treaties by tracey

European Union (Withdrawal) Act 2018

Nuclear Safeguards Act 2018

Source: www.legislation.gov.uk

Transgender woman wins pension court battle – BBC News

Posted June 26th, 2018 in EC law, marriage, news, pensions, transgender persons by sally

‘A transgender woman who was unable to access her pension, was discriminated against by UK law, the European Court of Justice has found.’

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BBC News, 26th June 2018

Source: www.bbc.co.uk

The Fate of the Charter of Fundamental Rights in UK Law After Brexit is Sealed – Oxford Human Rights Hub

Posted June 25th, 2018 in bills, brexit, EC law, human rights, news by sally

‘On Monday in the House of Lords, Lord Pannick withdrew his amendment to the EU Withdrawal Bill retaining the EU Charter as part of the UK’s post-Brexit settlement. With this, the Charter’s fate in UK law post Brexit was sealed. When the UK leaves the EU, the EU Charter will cease to apply. The status of the Charter during the transitional period, whilst the UK is neither in nor out of the EU, is still to be confirmed but it would seem inconceivable that the Charter would not continue to apply during that period.’

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Oxford Human Rights Hub, 20th June 2018

Source: ohrh.law.ox.ac.uk

The EU Withdrawal Bill in the Commons: Parliament surrendering control? – Oxford Human Rights Hub

Posted June 19th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament by sally

‘Last week, the EU Withdrawal Bill returned to the Commons, so MPs could scrutinise and vote on amendments made to it by the House of Lords. The Bill survived its passage in the House of Commons last year relatively intact, with only one amendment carried against the Government. Things were different, however, in the Lords, where the Government was defeated on 15 substantial amendments.’

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Oxford Human Rights Hub, 18th June 2018

Source: ohrh.law.ox.ac.uk

Francis Young: Parliament and Taking Back Control: A Precedent from the Maastricht Debates – UK Constitutional Law Association

Posted June 18th, 2018 in bills, constitutional law, EC law, news, parliament, referendums, treaties by sally

‘This post considers whether it is a convention of the British constitution that Parliament cannot direct the executive in the making of treaties. The context, of course, is the current tussle over whether the European Union (Withdrawal) Bill should be amended to allow the House of Commons a “meaningful vote” on the outcome of the current negotiations with the EU.’

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UK Constitutional Law Association, 15th June 2018

Source: ukconstitutionallaw.org