‘On 9 November 2021, the Supreme Court heard the appeal in Harpur Trust v Brazel. The forthcoming decision is expected to provide some much-needed clarity on how employers should approach calculating annual leave entitlement and pay for workers who work irregular hours, including those workers on zero hours contracts.’
UKSC Blog, 1st April 2022
Source: ukscblog.com
‘The UK should retain the supremacy of EU law in order to avoid legal uncertainty and “unpredictable consequences”, the former head of the Government Legal Department has suggested.’
Law Society's Gazette, 21st February 2022
Source: www.lawgazette.co.uk
‘Citizenship still matters; its absence denotes precarity. As Covid19 travel restrictions reminded us, at its international core lies the right to enter one’s country and reside therein. Domestically, in most jurisdictions, citizenship serves as an eligibility criterion for electoral participation; excluded non-citizens have limited capacity to advance their rights through the political process.’
Oxford Human Rights Hub, 8th February 2022
Source: ohrh.law.ox.ac.uk
‘It is now over 3 years since the UK Home Office launched the EU Settlement Scheme (EUSS) on 21st January 2019 in readiness for Brexit. According to the latest government data, as of the end of December 2021, 6,385,500 EUSS applications have been received, 333,200 of these arriving after the deadline of 30th June 2021. So far, 6,057,400 EUSS applications have been processed, resulting in 52% of applicants receiving settled status, 41% receiving pre-settled status, and 3% receiving a refusal. Their data also shows that EUSS applications received since 30th June 2021 have been a mix of late applicants, joining family members, and those moving from pre-settled to settled status. Here we look at the conclusions of the latest EUSS inspection by the Independent Chief Inspector of Border and Immigration and some of the issues applicants are now experiencing with their applications and getting help.’
EIN Blog, 3rd February 2022
Source: www.ein.org.uk
‘Durham County Council did not abuse its position when it ran a commercial waste service with which private firms competed, the Court of Appeal has concluded.’
Local Government Lawyer, 3rd February 2022
Source: www.localgovernmentlawyer.co.uk
‘The days of £220 payouts to delayed passengers who have paid only £30 for a domestic flight may soon be over. The Department for Transport (DfT) is consulting on proposals to overhaul the European air passengers’ rights rules for flights within the UK.’
The Independent, 31st January 2022
Source: www.independent.co.uk
‘The Government is planning to bring forward a “Brexit Freedoms” Bill to make it easier to amend outdated EU law, as part of a drive which it claims will “cut £1 billion of red tape” for UK businesses.’
The Independent, 31st January 2022
Source: www.independent.co.uk
‘The individuals who have the right to work in the UK has changed since the Brexit agreement came into effect, and we are likely to see some of the biggest impacts of this over the next year. That means that how people come into the country and the checks that they are subject to could be facing an overhaul, so here we take a look at how the right to work in the UK is likely to change in 2022.’
EIN Blog, 25th January 2022
Source: www.ein.org.uk
‘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.’
EIN Blog, 25th January 2022
Source: www.ein.org.uk
‘This briefing paper provides an overview on the regulation of e-cigarettes.’
House of Commons Library , 12th January 2022
Source: commonslibrary.parliament.uk
‘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.’
The Guardian, 10th January 2022
Source: www.theguardian.com
‘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.’
Legal Futures, 5th January 2022
Source: www.legalfutures.co.uk
‘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.’
Law Society's Gazette, 29th December 2021
Source: www.lawgazette.co.uk
‘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.’
The Guardian, 16th December 2021
Source: www.theguardian.com
‘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.’
UK Constitutional Law Association, 15th December 2021
Source: ukconstitutionallaw.org
‘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.’
UKSC Blog, 8th December 2021
Source: ukscblog.com
‘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.’
UKSC Blog, 2nd December 2021
Source: ukscblog.com
‘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.’
UK Human Rights Blog, 22nd November 2021
Source: ukhumanrightsblog.com
‘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.’
The Independent, 17th November 2021
Source: www.independent.co.uk
“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.”
The Guardian, 5th November 2021
Source: www.theguardian.com
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