The breaking down of the European Convention on Human Rights, and the UK’s responsibility – George Stafford – UK Human Rights Blog

Posted August 5th, 2016 in brexit, EC law, human rights, international relations, news, referendums by tracey

‘Numerous members of the new Government have stated that they want a greater role in the world for a post-Brexit UK, rather than a diminished one. If the Government is to be diplomatically resurgent, what sort of challenges might it wish to confront?.’

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UK Human Rights Blog, 3rd August 2016

Source: www.ukhumanrightsblog.com

Claimant who only beat part 36 offer because of post-Brexit fall in sterling denied usual rewards – Litigation Futures

Posted August 1st, 2016 in brexit, costs, EC law, indemnities, insurance, news, part 36 offers, referendums by Mark L

‘A claimant who only beat his part 36 offer because of the fall in the value of sterling since the Brexit vote has been denied the usual benefits of enhanced interest, indemnity costs and an additional payment that would have been the maximum £75,000 given the sums at stake.’

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Litigation Futures, 29th July 2016

Source: www.litigationfutures.com

Brexit Briefing NO. 2 The implications for extradition – 6 KBW

Posted July 29th, 2016 in brexit, EC law, extradition, news, referendums, treaties, warrants by sally

‘This second paper examines the impact of the decision to withdraw from the EU on the UK’s current extradition arrangements, in particular the European Arrest Warrant (“EAW”) system. The focus of the paper is on the legal consequences that will follow from a decision to trigger the process of withdrawal under Article 50 of the Treaty on European Union, and possible alternatives to the current system of extradition that could be adopted in any post-EU legal system.’

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6 KBW, 13th July 2016

Source: www.6kbw.com

Hostile environment – Counsel

‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’

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Counsel, August 2016

Source: www.counselmagazine.co.uk

Brexit: A new relationship – Counsel

Posted July 27th, 2016 in brexit, EC law, international law, news, notification, referendums, time limits by sally

‘Evanna Fruithof, Alexandria Carr and Gordon Nardell QC set out possible models for the UK’s relationship with the EU post-Brexit.’

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Counsel, August 2016

Source: www.counselmagazine.co.uk

Jake Rylatt: The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke – UK Constitutional Law Association

‘With the constitution of a new UK Government formed around a policy of ‘Brexit’, and the creation of the new ministerial position of ‘Secretary of State for Exiting the European Union’, the likelihood that Article 50 will actually be triggered has increased significantly. In addition to the cavalcade of recent posts addressing who is constitutionally empowered to make the Article 50 notification, attention has also been given to the question of whether an Article 50 notification made in conformity with the constitutional requirements of the UK could be subsequently revoked. An interesting argument raised by Charles Streeten is that ‘an Article 50 notification can be withdrawn unilaterally at any point prior to the expiry of the two year guillotine imposed by Article 50’. This post responds by challenging this argument on two grounds, arguing that ultimately a Member State cannot unilaterally revoke an Article 50 notification once it is made. It will do so by firstly outlining the argument made by Streeten, before explaining its difficulties and attempting to clarify the legal position. In concluding, it will be argued that the decision to trigger Article 50 is one that should be taken with the greatest care; relying upon technical legal arguments to provide a safety net risks creating further uncertainty and undermining the position of the UK in subsequent negotiations.’

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UK Constitutional Law Association, 27th July 2016

Source: www.ukconstitutionallaw.org

Workers’ rights must not be bartered away in Brexit negotiations – The Guardian

Posted July 27th, 2016 in brexit, EC law, employment, news, referendums, statistics, trade unions by sally

‘Unions warned workers might pay the price for leaving the EU. The government must not invoke article 50 until it has negotiated a secure future for them ‘

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

Hate crime guidance for prosecutors to deal with social media – Law Society’s Gazette

‘Social media communications will be the subject of new guidance issued to prosecutors as part of the government’s action plan to tackle hate crime following an increase in the number of incidents.’

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Law Society’s Gazette, 26th July 2016

Source: www.lawgazette.co.uk

Planning for the post-Brexit legal world – The Lawyer

Posted July 25th, 2016 in barristers, brexit, EC law, legal profession, news, referendums, solicitors by sally

‘On the morning of June 24th this year everything changed. Despite many predictions to the contrary, the people of Britain voted decisively to leave the European Union, and the political and economic landscape will never be the same again. Whether you voted leave or remain, whether you were aghast or euphoric, the only certainty was uncertainty. What will happen to the United Kingdom’s trade arrangements? What is the status of the City in a post-Brexit world? And after those big questions come a host of other, more knotty issues. What happens to passporting in financial services? What are the implications for employment law? What about data protection and intellectual property? How do you reshape your commercial contracts?’

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The Lawyer, 25th July 2016

Source: www.thelawyer.com

Hate crime: Prosecutors told to push for tougher sentences – BBC News

‘Prosecutors will be urged to push for tougher sentences for people committing hate crimes, following a rise in incidents after the EU referendum.’

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BBC News, 24th July 2016

Source: www.bbc.co.uk

Stephen Laws: Article 50 and the political constitution – UK Constitutional Law Association

Posted July 18th, 2016 in bills, constitutional law, news, parliament, referendums, treaties by sally

‘The only relevant question now left for the UK about the Art 50 notification is what needs to be done before it is given. It is politically inevitable that the referendum result will be accepted and the notification given, perhaps in January next year.’

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UK Constitutional Law Association, 18th July 2016

Source: www.ukconstitutionallaw.org

Anthony Korn Examines the Potential Implications of Brexit on Employment Law – No. 5 Chambers

Posted July 12th, 2016 in brexit, EC law, employment, news, referendums, treaties by sally

‘One area of law where Brexit may have an impact is employment law.’

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No. 5 Chambers, 1st July 2016

Source: www.no5.com

Brexit: What should EEA and EU nationals and their family members do now? – Free Movement

‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’

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Free Movement, 12th July 2016

Source: www.freemovement.org.uk

Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association

‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’

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UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

‘Should Vote Leave be prosecuted over its referendum propaganda?’ – Church Court Chambers

‘On 23 June 2016 over 33 million people voted in the EU referendum. Since that date there has been widespread anger from those who believe that the organisation ‘Vote Leave’ misled members of the public. Vote Leave is said to have done so by promoting two claims. First, that the UK sends £350 million to the European Union every week and this money would be spent on the National Health Service if the UK voted to leave the European Union. Second, that remaining in the European Union would lead to unrestricted immigration.’

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Church Court Chambers, 7th July 2016

Source: www.churchcourtchambers.co.uk

Thomas Fairclough: Article 50 and the Royal Prerogative – UK Constitutional Law Association

Posted July 11th, 2016 in constitutional law, EC law, news, referendums, royal prerogative, treaties by sally

‘This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 TEU and through the notifying of the European Council of such a decision trigger the two year time limited formal withdrawal negotiations? Nick Barber, Tom Hickman, and Jeff King have argued valiantly that it will be Parliament who has to “pull the Article 50 trigger”. This piece will analyse their arguments and suggest that, contrary to their conclusions, it is the Government, under the Royal Prerogative, that has legal authority to start the Article 50 process.’

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UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

Jonathan Morgan: A Brexit General Election? – UK Constitutional Law Association

Posted July 11th, 2016 in brexit, constitutional law, EC law, elections, news, referendums, treaties by sally

‘Alea jacta est said Caesar, having crossed the Rubicon and burned his bridges. The Brexit referendum appears equally momentous and irreversible. But is it? There have been calls for Parliament simply to ignore the outcome. A fresh general election should be called to resolve the mounting constitutional crisis.’

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UK Constitutional Law Association, 9th July 2016

Source: www.ukconstitutionallaw.org

In full: The letter from 1,000 lawyers to David Cameron over EU Referendum – The Independent

Posted July 11th, 2016 in barristers, brexit, EC law, news, referendums, treaties by sally

‘More than 1,000 lawyers have signed a letter addressed to Prime Minister David Cameron saying the EU referendum result is merely “advisory” and not legally binding.’

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The Independent, 11th July 2016

Source: www.independent.co.uk

Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association

‘The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament’ has brought this debate to boiling point. Some commentators have talked excitedly about a ‘legal dream team… launching a last gasp legal bid to preserve Britain’s European Union membership’. In response, there has been a visceral backlash in pro-Leave ranks against what they see as an attempt by conniving lawyers to thwart the will of the people. The front page of the Daily Express on 4 July 2016 led with the banner headline ’Top Lawyers in Threat to Referendum Vote & Democracy’, going on to warn about ‘outrage and rioting on the streets’. Similarly, Professor Frank Furedi commenting on Twitter described the proposed legal action as nothing less than an ‘authoritarian attempt at a “legal” coup’, with Brendan O’Neill indulging in similar hysteria in the Spectator.’

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UK Constitutional Law Association, 7th July 2016

Source: www.ukconstitutionallaw.org

Has the rule of law ever been more important? – Legal Futures

Posted July 5th, 2016 in brexit, EC law, judiciary, news, referendums, rule of law by sally

‘Post-Brexit the separation of powers could be said to be all that is holding this nation together. The Executive is in tatters and Parliament has entered a hiatus without an effective opposition. The only element of our constitutional framework which carries on without pause is the judiciary. It’s a moving proposition to think that those who daily work in courts and public services decimated by cuts are the ones who right now form the only fully functioning element of government.’

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Legal Futures, 4th July 2016

Source: www.legalfutures.co.uk