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.’

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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….”’

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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.

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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.’

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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.’

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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.’

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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.’

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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.’

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The Independent, 11th August 2021

Source: www.independent.co.uk

Supreme Court backs raped tourist in blow to travel industry – Law Society’s Gazette

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘A British woman who was sexually assaulted by a hotel worker on a package holiday has won her Supreme Court appeal, in a judgment of “major importance to the travel industry”.’

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Law Society's Gazette, 30th July 2021

Source: www.lawgazette.co.uk

Registered Designs – Lutec (UK) Ltd v Cascade Holdings Ltd – NIPC Law

Posted August 3rd, 2021 in brexit, EC law, intellectual property, news by sally

‘This case started as an action for the infringement of two registered Community designs, namely 000540927-0001 and 000540927-0002. Before the action came on for trial, the transition or implementation period provided by art 126 of the agreement by which the UK withdraw from the EU expired. The Senior Courts of England and Wales ceased to be Community design courts and registered Community designs ceased to apply to the UK. Art 54 (1) (b) of that agreement provided for holders of registered Community designs to be awarded equivalent registered designs in the UK (see Jane Lambert How Brexit has changed IP Law 17 Jan 2021 NIPC Brexit and Jane Lambert IP after Brexit 26 Jan 2021 Slideshare). Those registered designs are for “Interior lights, Exterior lights” registered in the name of the third claimant under registration number 90005409270001 and “Interior lights, Exterior lights” registered in the name of the same claimant under registration number 90005409270002. The claim proceeded as an action for the infringement of those registered designs.’

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NIPC Law, 2nd August 2021

Source: nipclaw.blogspot.com

New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34 – UKSC Blog

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”).’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Right-to-work regime – Law Society’s Gazette

‘The Home Office has issued new right-to-work guidance as the Brexit transitional arrangements for EU workers in the UK came to an end on 30 June 2021.’

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Law Society's Gazette, 2nd August 2021

Source: www.lawgazette.co.uk

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Revenue and Customs [2020] UKSC 47 – UKSC Blog

‘The Supreme Court has unanimously allowed this appeal concerning the law of limitation.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

The Battle of Revolax – Fox Group International Ltd v Teleta Pharma Ltd – NIPC Law

Posted July 23rd, 2021 in EC law, intellectual property, news, trade marks by sally

‘There really was a battle of Revolax between Russia and Sweden in 1808 but that has nothing to do with this article. Revolax is also the name of a hyaluronic acid dermal filler manufactured by the Korean company Across Co., Ltd (“Across”) which Fox Group International Ltd. (“Fox”) enjoyed the exclusive right to distribute in the UK.’

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NIPC Law, 23rd July 2021

Source: nipclaw.blogspot.com

Hundreds of thousands of EU citizens ‘scrabbling’ to attain post-Brexit status before deadline – The Guardian

Posted June 28th, 2021 in brexit, citizenship, EC law, immigration, news, statistics, time limits, visas by tracey

‘EU citizens are struggling to apply for post-Brexit settled status as the Home Office reaches “breaking point” coping with a last-minute surge in applications. With three days before the deadline of the EU settlement scheme this Wednesday, campaigners say late applicants are being stuck in online queues as others find it impossible to access advice on the government helpline.’

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The Guardian, 26th June 2021

Source: www.theguardian.com

UK leads the way as class actions surge across Europe – Litigation Futures

Posted June 24th, 2021 in class actions, EC law, news, statistics by sally

‘A record number of class actions has been filed across Europe in recent years, with more than half of them brought in the UK, according to new research.’

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Litigation Futures, 23rd June 2021

Source: www.litigationfutures.com

Limited leave to remain does not knock out a Zambrano claim – EIN Blog

‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’

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EIN Blog , 21st June 2021

Source: www.ein.org.uk

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

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Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk

Replace GDPR, says prime minister’s regulatory hit-squad – Law Society’s Gazette

Posted June 17th, 2021 in brexit, data protection, EC law, news, reports by sally

‘EU-era data protection laws would be replaced by common-law based UK legislation under a list of proposals for a “bold new” post-Brexit framework proposed by a working party set up by the prime minister today.’

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Law Society's Gazette, 16th June 2021

Source: www.lawgazette.co.uk

Beyond status: the long road towards effective health and safety rights for on-demand workers – by Aude Cefaliello – UK Labour Law

Posted June 17th, 2021 in brexit, casual workers, EC law, employment, health & safety, news by sally

‘Over the past months, there has been an alignment of stars between two major court rulings that have the potential to reshape the working lives of on-demand workers and the business model of platforms.’

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UK Labour Law, 16th June 2021

Source: uklabourlawblog.com