Data protection and Brexit – Law Society’s Gazette

Posted September 7th, 2016 in brexit, data protection, EC law, news, referendums, regulations by sally

‘UK data controllers are already grappling with the biggest change to EU protection in 20 years.’

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Law Society’s Gazette, 5th September 2016

Source: www.lawgazette.co.uk

No 10 rules out points-based immigration system for Britain – The Guardian

Posted September 5th, 2016 in brexit, EC law, immigration, news, referendums by sally

‘Downing Street has ruled out a points-based immigration system promised by the official Brexit campaign but insisted Theresa May would put forward a better way of controlling arrivals to the UK.’

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The Guardian, 5th September 2016

Source: www.guardian.co.uk

Kenneth Campbell QC: Sand in the Gearbox: Devolution and Brexit – UK Constitutional Law Association

Posted September 5th, 2016 in brexit, constitutional law, devolution, EC law, news, Northern Ireland, referendums, Scotland by sally

‘In the immediate aftermath of the EU referendum result, political comment from a number of quarters suggested that the Scottish Parliament could vote to block Brexit. For the comprehensive reasons given by Mark Elliott on his blog, that was a triumph of hope over the constitutional competence of the institution. However, that is not to say that the structures of devolution do not have a significant role in the working out of Brexit, and may yet act as a trigger for wider constitutional change. This post will suggest that the place of the devolved institutions has been underplayed in the debate thus far, and seeks to identify some of the issues which will require to be addressed. These include: the operation of the Sewel convention and other steps to take account of the interests of devolved areas, discussions around the place of Scotland in the EU, and some effects on structures in Northern Ireland.’

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Constitutional Law Association, 5th September 2016

Source: www.ukconstitutionallaw.org

Kenneth Campbell QC: Constitutional Discourse Post-referendum: Where Are We, and Where Are We Going Next? – UK Constitutional Law Association

Posted September 1st, 2016 in constitutional reform, EC law, elections, news, parliament, referendums by sally

‘In common with other constitutional and EU law sites, this blog glowed white hot in the immediate aftermath of the EU referendum. Understandably, many commentators were occupied with the roles of the UK Parliament and the executive exercise of prerogative powers in the mechanics of the giving of notice in terms of Art 50. Given the nature of these issues, scholarly and practitioner comment has been taken up in wider debate, and Nick Barber, Tom Hickman and Jeff King’s contribution has perhaps been particularly prominent. As the new political season approaches, this post seeks to assess the state of play about several current and medium term issues.’

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UK Constitutional Law Association, 1st September 2016

Source: www.ukconstitutionallaw.org

Set up new watchdog to call out false claims in referendum campaigns, report recommends – The Independent

Posted September 1st, 2016 in elections, misrepresentation, news, referendums, reports by sally

‘The Government should designate an official public body as a watchdog to intervene when factually incorrect political claims are made in future referendums, it has been recommended.’

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The Independent, 31st August 2016

Source: www.independent.co.uk

Employment law: Post-Brexit – OUP Blog

Posted August 30th, 2016 in brexit, EC law, employment, news, referendums, regulations, transfer of undertakings by sally

‘The Leave vote in the EU referendum presents several potential challenges for employers which are of far more immediate and practical importance than speculation about the future direction of employment law in a post-EU environment. An issue over which a considerable amount of ink has been spilled, both before and after the referendum. These challenges include how employers should best seek to manage employee uncertainty and anxiety about the possible impact of the Leave vote on their business; how economic uncertainty will affect recruitment policy, perhaps pushing employers towards more temporary and agency and less permanent recruitment; the impact on employers’ ability to attract and retain skilled staff from overseas of potential changes to immigration laws as part of Brexit; how to reduce the risks of increased disputes in the workplace based on differing views of the merits of Brexit; and ensuring that any relocations or restructurings that the changed climate necessitates are handled so as to minimise exposure to claims. As the UK proceeds with the process of extracting itself from the EU, the impact on free movement and immigration laws will also be crucial for many employers.’

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OUP Blog, 30th August 2016

Source: www.blog.oup.com

The Elements of a Post-Brexit Settlement – Henderson Chambers

Posted August 24th, 2016 in brexit, EC law, freedom of movement, immigration, news, referendums by sally

‘It is time to start thinking about the possible elements of a postwithdrawal settlement calculated to ensure a continuing close relationship between the UK and the EU. A solution that caters for the UK’s economic needs ought to be attainable, if it is also designed to play to the country’s particular strengths, which make it a more important partner for the EU than any other European State.’

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Henderson Chambers, 10th August 2016

Source: www.hendersonchambers.co.uk

Heaven or Hell? Brexit Legal Issues Analysed Through ‘Hotel California’ Lyrics – Littleton Chambers

‘This post sets out some of the legal issues arising after the referendum of 23 June 2016, taking a generous liberty with the interpretation of the lyrics of The Eagles’ song “Hotel California”.’

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Littleton Chambers, 12th August 2016

Source: www.littletonchambers.com

Brexit: are EU Citizens in limbo? – Halsbury’s Law Exchange

Posted August 22nd, 2016 in brexit, citizenship, EC law, immigration, news, referendums by sally

‘“Brexit means Brexit”, or so says our new Prime Minister. Sadly, it is almost certainly not as simple as that. The UK has voted for Brexit, but which Brexit?’

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Halsbury’s Law Exchange, 22nd August 2016

Source: www.halsburyslawexchange.co.uk

Brexit legal challenge: High Court bid could derail Theresa May’s EU exit timetable – The Independent

Posted August 22nd, 2016 in brexit, costs, EC law, fees, news, parliament, referendums by sally

‘Remain supporters have crowd-funded £32,000 in legal fees to argue Ms May will need Parliament’s backing before beginning formal negotiations to leave the EU.’

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The Independent, 20th August 2016

Source: www.independent.co.uk

Race hate crime on UK railways soared after Brexit vote, figures show – The Guardian

Posted August 22nd, 2016 in assault, brexit, EC law, hate crime, news, police, public order, racism, referendums, statistics by sally

‘The number of suspected race hate crimes on Britain’s railways jumped sharply following the EU referendum, figures show.’

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The Guardian, 22nd August 2016

Source: www.guardian.co.uk

Neighbourhood plan referendum halted after judicial review challenge – Local Government Lawyer

Posted August 17th, 2016 in judicial review, news, planning, referendums by sally

‘A neighbourhood plan referendum has been postponed after an application for its judicial review was lodged.’

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Local Government Lawyer, 17th August 2016

Source: www.localgovernmentlawyer.co.uk

The need for Parliament’s consent to trigger Art 50 is a matter of EU Law – Halsbury’s Law Exchange

Posted August 17th, 2016 in consent, EC law, news, parliament, referendums, treaties by sally

‘Paragraph 1 of Art 50 of the Treaty on European Union, governing voluntary withdrawal of a member state from the EU, reads: “Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements.” This right is followed in the next paragraph by an obligation: “A member state which decides to withdraw shall notify the European Council of its intention.” This contribution addresses a single hypothetical scenario, namely, one in which Theresa May triggers Art 50 without prior parliamentary approval, asking: If she did this, would she be acting illegally? Several legal commentators have now offered answers to this question, the majority in the affirmative, and last month a legal action began by which the claimants wish to enjoin May from so acting. Thus the judges will have the final say. But which judges?’

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Halsbury’s Law Exchange, 16th August 2016

Source: www.halsburyslawexchange.co.uk

Blackstone’s Statutes 2016-2017: key legislation – OUP Blog

Posted August 17th, 2016 in assault, EC law, enfranchisement, news, referendums, telecommunications by sally

‘In 2015, we asked some of our Blackstone’s Statutes series editors to select a piece of legislation from their subject area which had made a big impact; it resulted in an interesting selection so we decided to do the same thing this year. Discussed below are what our editors consider to be key pieces of legislation from their area of expertise. The main difference this time around has been that the UK has voted to leave the EU, which in turn has led to the future of some legislation being uncertain.’

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OUP Blog, 17th August 2016

Source: www.blog.oup.com

Met to launch £1.7m troll-hunter squad after steep rise in online threats and abuse – Daily Telegraph

‘Scotland Yard has created a new unit to police Facebook and Twitter by investigating offensive comments.’

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Daily Telegraph, 14th August 2016

Source: www.telegraph.co.uk

New doubts over human rights law reform – Law Society’s Gazette

Posted August 12th, 2016 in bills, EC law, human rights, news, prisons, referendums, Scotland by sally

‘A draft British bill of rights prepared by the former justice secretary Michael Gove has been rejected by the prime minister, a newspaper reported this morning – prompting speculation that the long-promised reform could be abandoned.’

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Law Society’s Gazette, 10th August 2016

Source: www.lawgazette.co.uk

What is London litigation’s place in the post-Brexit world? – Halsbury’s Law Exchange

‘It will be a while yet before the dust settles following the outcome of the 23 June referendum on the UK’s membership of the EU. London’s litigators are likely to have voted in different ways on an issue that touches so many different areas of our lives. But I am sure all would agree that the uncertainties generated by the result have the capacity to damage London as a global centre for litigation if not properly managed and addressed. Other litigation hubs are already seeking to capitalise and highlight challenges litigants in London may now face in a bid to attract work. It is vital that as a profession we work to meet that head on.’

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Halsbury’s Law Exchange, 9th August 2016

Source: www.halsburyslawexchange.co.uk

Brexit, risk mitigation & corporate crime – Halsbury’s Law Exchange

Posted August 12th, 2016 in brexit, bribery, corruption, EC law, fraud, money laundering, news, referendums, sanctions, warrants by sally

‘After the shock waves felt as a result of the Brexit vote, how should companies deal with corporate governance and criminal risk issues? What should companies be monitoring as they await changes that will take place once the Brexit Article 50 trigger is pulled?’

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Halsbury’s Law Exchange, 9th August 2016

Source: www.halsburyslawexchange.co.uk

Brexit prompts public & businesses to seek legal advice from barristers – The Bar Council

Posted August 10th, 2016 in barristers, brexit, EC law, internet, press releases, referendums, solicitors, statistics by tracey

‘New figures from the Bar Council’s Direct Access Portal , the free to use “find a barrister” website, show that the public and businesses are turning to barristers to help them with a wide range of legal issues.’

Full press release

The Bar Council, 5th August 2016

Source: www.barcouncil.org.uk

A (brief) update on how the UK will deal with IP rights after Brexit – Technology Law Update

Posted August 8th, 2016 in brexit, copyright, EC law, enforcement, news, patents, referendums, trade marks by sally

‘The UK’s Intellectual Property Office has issued a briefing on the future for IP rights after Brexit. This gives IP owners some crumbs of comfort to innovative businesses, but little detail.’

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Technology Law Update, 5th August 2016

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