Victory For Workers Denied Health And Safety Protections Amid Covid-19 – Each Other

‘Precarious workers have been wrongly denied health and safety protections amid the pandemic, a court has found.’

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Each Other, 17th November 2020

Source: eachother.org.uk

Protection of shapes in 2020: Trade Marks, Copyright & IPR Cumulation – 3PB

Posted November 17th, 2020 in copyright, EC law, interpretation, news, trade marks by sally

‘The criteria for assessing the distinctive character of three-dimensional trade marks consisting of the appearance of the product itself are no different from those applicable to other categories of mark.’

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3PB, 3rd November 2020

Source: www.3pb.co.uk

Immigration Act receives Royal Assent: free movement to end on 31 December 2020 – Home Office

Posted November 12th, 2020 in brexit, EC law, freedom of movement, immigration, legislation, press releases by tracey

‘The Immigration Act has today (Wednesday 11 November 2020) received Royal Assent and been signed into law. This means free movement will end around seven weeks from now, at 11pm on 31 December 2020.’

Full press release

Home Office, 11th November 2020

Source: www.gov.uk/home-office

New Judgment: Secretary of State for Health and Ors v Servier Laboratories Ltd and Ors [2020] UKSC 44 – UKSC Blog

Posted November 10th, 2020 in EC law, news, res judicata, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal addressing whether findings of fact made by the General Court of the European Union (“the General Court”) are binding in subsequent domestic proceedings, under the EU principle of absolute res judicata.’

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UKSC Blog, 6th November 2020

Source: ukscblog.com

Individual privacy versus national security: where is the line? – Lamb Chambers

‘Oscar Davies discusses the recent Privacy International case and its wider implications, in which the CJEU held that UK law went too far in permitting “general and indiscriminate” access of bulk communications data to MI5, MI6 and GCHQ.’

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Lamb Chambers, October 2020

Source: www.lambchambers.co.uk

New Judgment: R (on the application of Highbury Poultry Farm Produce Ltd) v Crown Prosecution Service [2020] UKSC 39 – UKSC Blog

Posted October 20th, 2020 in animal cruelty, animals, appeals, birds, EC law, news, regulations, slaughter, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal addressing whether proof of an offence contrary to Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing (England) Regulations 2015, brought against a business operator as defined in Regulation (EC) No. 1099/2009 on the protection of animals at the time of killing, requires proof of mens rea and/or some culpable act or omission on the part of the business operator.’

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UKSC Blog, 16th October 2020

Source: ukscblog.com

Supreme Court rejects appeal over allocation of housing to members of religious group – Local Government Lawyer

‘The Supreme Court has unanimously dismissed an appeal over the lawfulness and proportionality of a housing charity’s policy of allocating social housing primarily to members of the Orthodox Jewish community in Hackney and in particular the Haredi community.’

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Local Government Lawyer, 16th October 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal to have power to depart from EU law – Litigation Futures

Posted October 19th, 2020 in appeals, brexit, courts, EC law, Ministry of Justice, news, Supreme Court by sally

‘The Ministry of Justice (MoJ) is to allow the Court of Appeal as well as the Supreme Court to depart from European Union case law from next year, despite the opposition of a majority of respondents to a consultation.’

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Litigation Futures, 19th October 2020

Source: www.litigationfutures.com

New Brexit law will let vulnerable EU citizens apply late to stay in UK – The Guardian

‘The government is to fast-track legislation that it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

New Brexit law will allow vulnerable EU citizens to apply late to stay in UK – The Guardian

‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Report from Public Law Project warns of serious deficiencies in UK law making with huge rise in statutory instruments – Local Government Lawyer

Posted October 14th, 2020 in brexit, EC law, legislation, news, parliament by sally

‘The UK’s withdrawal from the EU has led to a “tsunami” of delegated legislation in the form of statutory instruments (SIs), according to a report by the Public Law Project.’

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Local Government Lawyer, 13th October 2020

Source: www.localgovernmentlawyer.co.uk

‘I have nothing’: Roma people left without support and at risk of exploitation due to digital-only status – The Independent

Posted October 6th, 2020 in benefits, brexit, citizenship, EC law, immigration, news by tracey

‘People from Britain’s Roma community are being left unable to access vital support and are exposed to exploitation due to the government’s new digital-only status for EU citizens, research reveals.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

State aid laws to be revoked in the UK – OUT-LAW.com

Posted October 2nd, 2020 in brexit, EC law, news, state aids by tracey

‘The UK government has set out legislative proposals which seek to revoke EU state aid laws in the UK from the end of the Brexit transition period. The draft State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 would, if enacted and from 1 January 2021, revoke state aid laws which would have otherwise been retained into domestic law in the UK by virtue of the EU (Withdrawal) Act 2018.’

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OUT-LAW.com, 30th September 2020

Source: www.pinsentmasons.com

Brexit: EU launches legal action against UK for breaching withdrawal agreement – The Guardian

‘The EU has launched legal action against the UK after Boris Johnson failed to respond to Brussels’ demand that he drop legislation that would overwrite the withdrawal agreement and break international law.’

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The Guardian, 1st October 2020

Source: www.theguardian.com

The importance of the Economic Interest Test in the UK’s new Trade Remedies Regime – Brexit Law

Posted September 24th, 2020 in brexit, EC law, international trade, news, regulations by sally

‘The UK’s new trade remedies regime contained in the Taxation (Cross-border Trade) Act 2018 (“2018 Act”) has an economic interest test which is different from that of any other jurisdiction. Some jurisdictions, e.g. US and Australia, have chosen not to have one at all. The test is designed to ensure that only remedies that are in the UK’s economic interests taken as a whole will be adopted.’

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Brexit Law, 24th September 2020

Source: brexit.law

UK judge halts Home Office flight to remove asylum seekers – The Guardian

Posted September 17th, 2020 in aircraft, asylum, deportation, EC law, news, regulations by michael

‘A senior high court judge has halted a charter flight hours before up to 20 asylum seekers who crossed the Channel to the UK in small boats were due to be forcibly removed to Spain, a country they had previously passed through.’

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The Guardian, 16th September 2020

Source: www.theguardian.com

Brexit: barristers question selection of legal team leading UK drive to override deal – The Guardian

Posted September 16th, 2020 in attorney general, barristers, bills, brexit, EC law, government departments, news by michael

‘The government is facing increasing scrutiny over its decision to use “committed Brexiteer” lawyers to provide advice on the legality of breaching the EU withdrawal agreement.’

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The Guardian, 15th September 2020

Source: www.theguardian.com

Kenneth Armstrong: Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill.’

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UK Constitutional Law Association, 9th September 2020

Source: ukconstitutionallaw.org

Law Society warns of “havoc” if courts depart from EU law – Litigation Futures

Posted August 20th, 2020 in brexit, consultations, EC law, news, precedent, Supreme Court by sally

‘The Law Society has warned of “legal havoc” if the High Court and Court of Appeal, as well as the Supreme Court, are allowed to depart from EU case law after the Brexit transition period.’

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Litigation Futures, 18th August 2020

Source: www.litigationfutures.com

Naturalisation for EU citizens: comprehensive sickness insurance, the elephant in the room – EIN Blog

Posted August 19th, 2020 in brexit, citizenship, EC law, health, immigration, insurance, news by sally

‘As we head towards the end of the UK’s Brexit implementation period on 31 December 2020, the thoughts of many EU nationals (here I use the term to include EEA & Swiss citizens too) who have lived, studied and worked in this country, often for many years, are turning to becoming British.’

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EIN Blog, 19th August 2020

Source: www.ein.org.uk