Best Interests and Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context – Where are we now? – Family Law Week

Posted August 10th, 2017 in children, custody, EC law, news, Supreme Court, transfer of proceedings, treaties by tracey

‘Maria Wright, PhD Student at the University of Bristol, addresses how courts must now approach Article 15 transfers of public law proceedings in the light of CJEU and Supreme Court judgments.’

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Family Law Week, 9th August 2017

Source: www.familylawweek.co.uk

Judge calls for clarity on status of ECJ rulings in UK after Brexit – The Guardian

Posted August 8th, 2017 in EC law, judges, judgments, news, parliament, treaties by sally

‘The government must provide clarity on whether it wants UK courts to take into account rulings of the European court of justice after Brexit, one of Britain’s most senior judges has said.’

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The Guardian, 8th August 2017

Source: www.theguardian.com

Copyright: Primary Infringement – Communicating a Work to the Public – NIPC Law

‘Copyright is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 (“the CDPA”) as “a property right” which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as “a copyright work” pursuant to s.1 (2). The owner of a copyright in a copyright work has the exclusive right to do certain acts that are restricted to the copyright owner (see s.2 (1) CDPA). More importantly, the copyright owner has the exclusive right to prevent others from doing those acts which are often referred to as “restricted acts”.’

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NIPC Law, 28th July 2017

Source: nipclaw.blogspot.co.uk

Controlled drugs, religion and Article 9: Beneficent Spiritist Center União Do Vegetal – Law & Religion UK

Posted July 31st, 2017 in drug offences, human rights, licensing, news, treaties by sally

‘The Beneficent Spiritist Center União do Vegetal is a religion with Christian and reincarnationist foundations; its declared objective to contribute to the spiritual development of the human being and the improvement of his or her intellectual qualities and moral virtues, without distinction of race, sex, creed, social class or nationality. In its rituals it uses hoasca tea (also known as ayahuasca). The tea is prepared from two Amazonian plants: the Mariri vine (Banisteriopsis caapi) and the leaves of the Chacrona bush (Psicotria viridis). In the União do Vegetal (UDV), hoasca tea is also known as “vegetal”; and the congregations drink it for the purpose of mental concentration. The plant materials from which the tea is made contain dimethyltryptamine (DMT), a class A controlled drug under the Misuse of Drugs Act 1971 [1-3].’

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Law & Religion UK, 31st July 2017

Source: www.lawandreligionuk.com

Implementation of ECHR judgments – have we reached a crisis point?- Lucy Moxham – UK Human Rights Blog

‘Last month, the Bingham Centre for the Rule of Law and Leicester Law School convened a public event that asked an expert panel to consider these issues. Speakers included Merris Amos (Queen Mary University London); Dr Ed Bates (Leicester Law School); Eleanor Hourigan (Deputy Permanent Representative, UK Delegation to the Council of Europe); Nuala Mole (The AIRE Centre); and Prof Philip Leach (EHRAC, Middlesex University London and the European Implementation Network). Murray Hunt (Legal Adviser to the UK Joint Committee on Human Rights and incoming Director of the Bingham Centre) chaired the event.’

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UK Human Rights Blog, 7th July 2017

Source: ukhumanrightsblog.com

Brexit faces potential court challenge over ‘technical flaw’ in way Article 50 was triggered – The Independent

Posted July 6th, 2017 in drafting, EC law, legislation, news, treaties, Wales by sally

‘There could be a “technical flaw” in the way Article 50 was triggered which could make it vulnerable to a challenge in court, the National Assembly for Wales has been told.’

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The Independent, 5th July 2017

Source: www.independent.co.uk

Brexit will prove Britain’s judges are the best in the world, says new Justice Secretary – Daily Telegraph

Posted July 6th, 2017 in choice of forum, EC law, judgments, judiciary, news, speeches, treaties by sally

‘Brexit will see Britain’s top judges prove they are the best in the world, the new Justice Secretary has insisted.’

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Daily Telegraph, 6th July 2017

Source: www.telegraph.co.uk

Lord chief justice urges enforceability of EU rulings in UK post-Brexit – The Guardian

Posted July 6th, 2017 in EC law, enforcement, judges, judgments, news, treaties by sally

‘Ministers must work faster to ensure that after Brexit UK and EU court judgments are mutually recognised and enforced, the lord chief justice has urged.’

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The Guardian, 5th July 2017

Source: www.theguardian.com

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Christopher Badger and Laura Phillips consider the Bar Council’s Brexit Working Group paper on environmental law, the publication of revised voluntary guidelines for issuing Green Bonds, and pledges by the Mayor of London for a ‘zero-emission’ city by 2050.’

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Six Pump Court, 26th June 2017

Source: www.6pumpcourt.co.uk

Systems of law and the European project – OUP Blog

Posted July 4th, 2017 in EC law, news, treaties by sally

‘Since the end of the Second World War, the European project has met with difficulties and even crises. Its momentum has, however, been strong enough to fend off these turbulent undercurrents, and it has developed incrementally in the decades since. Supported by its two pillars, The Council of Europe and the European Union, it is a Europe built on law, and the project is progressively taking on the contours of a new legal system.’

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OUP Blog, 4th July 2017

Source: blog.oup.com

New measures to allow ratification of Istanbul Convention – Home Office

Posted June 30th, 2017 in domestic violence, news, press releases, treaties, women by tracey

‘The government will introduce new measures to protect women and girls from crimes committed overseas as part of its Domestic Abuse Bill. The new legislation would be the final step to enable ratification of the Council of Europe Convention on preventing and combating violence against women, known as the Istanbul Convention.’

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Home Office, 29th June 2017

Source: www.gov.uk

Speech by the Lord Chief Justice: Law Reform Now in 21st Century Britain – Brexit and Beyond – Courts and Tribunals Judicairy

Posted June 27th, 2017 in EC law, judiciary, Law Commission, legislation, speeches, treaties by tracey

‘I have taken as the first part of the title of this lecture words with which Lord Scarman would have been very familiar: Law Reform Now – the three words which formed the title of the Gerald Gardiner and Andrew Martin book which contained their blueprint for what would become the Law Commission. As Sir Geoffrey Palmer QC, in the course of tracing the origins and huge success of the Law Commission in his 2015 Scarman Lecture, recalled, it started with a proposition; one they took to be axiomatic: “. . . that much of our English law is out of date, and some of it shockingly so.” They were not wrong.’

Full speech

Source: www.judiciary.gov.uk

How do citizens’ rights affect Brexit negotiations? – The Guardian

‘Protections for 1.2m Britons on continent and 3.5m Europeans in UK should be easy to settle in theory, but there are obstacles.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

Theresa May faces legal challenge over proposed deal with DUP – The Guardian

‘Theresa May is facing a landmark legal challenge over her proposed deal with the Democratic Unionist party on the grounds that it breaches the Good Friday agreement.’

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The Guardian, 20th June 2017

Source: www.theguardian.com

Liora Lazarus: Do Human Rights Impede Effective Counterterrorism? – UK Constitutional Law Association

‘Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism. Both bring experience at the coalface of this field, May as former Home Secretary, and Starmer as former DPP responsible for the prosecution of terrorist cases. Who is right? There is no point in pretending that human rights do not present legal constraints on counterterrorism powers. Nevertheless, the constraints that do exist are certainly not as restrictive as rights opponents would like us to believe. Moreover, it is crucial to distinguish between legal constraints, and the notion that these constraints constitute practical impediments on the effective prevention and punishment of terrorism. The debate is full of confusion between the two. This post will deal only with the first question of legal constraints, as the second is a matter of empirical proof. Before we can proceed with the normative project of changing human rights protections, a process that has far wider implications for human rights in general and our liberal democratic culture, any government has to provide persuasive evidence that human rights do in fact stand in the way of security. The present government, for as long as it lasts, would also need to dispose of the charge that a 13 % reduction in police numbers over the last six years is less significant in the fight against terror, than the human rights constraints that guide police action.’

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UK Constitutional Law Association, 15th June 2017

Source: ukconstitutionallaw.org

Brexit: 2018 Queen’s Speech cancelled by government – BBC News

Posted June 19th, 2017 in bills, EC law, news, repeals, speeches, treaties by sally

‘There will be no Queen’s Speech next year to give MPs more time to deal with Brexit laws, the government says.’

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BBC News, 18th June 2017

Source: www.bbc.co.uk

Breverse: Politically Problematic but Legally Possible, by Rosie Slowe – UK Human Rights Blog

Posted June 15th, 2017 in constitutional law, EC law, elections, news, parliament, treaties by sally

‘On 29 March 2017, Theresa May’s Article 50 letter of notice was delivered to Donald Tusk, thereby formally triggering the Treaty-based process for the UK’s withdrawal from the EU. The question remains: is this trajectory irreversible, or can the UK rescind its notification?’

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UK Human Rights Blog, 14th June 2017

Source: ukhumanrightsblog.com

Kenneth Armstrong: Has Article 50 Really Been Triggered? – UK Constitutional Law Association

Posted June 15th, 2017 in constitutional law, EC law, news, parliament, treaties by sally

‘With the Supreme Court handing down its judgment in Miller v Secretary of State for Exiting the EU on 24 January this year, one might have been forgiven for thinking that the issues around the legality of the triggering of Article 50 had been settled. As we all now know, the Supreme Court decided that Parliament had to give legislative authority for UK ministers lawfully to notify the UK of its intention to withdraw from the EU. The European Union (Notification of Withdrawal) Act 2017 was enacted and the Prime Minister duly wrote President Tusk her Article 50 letter.’

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UK Constitutional Law Association, 14th June 2017

Source: ukconstitutionallaw.org

Rise in anti money laundering inquiries poses challenge for banks, says expert – OUT-LAW.com

‘Requests from foreign authorities for the UK’s assistance in anti money laundering (AML) investigations rose last year to record levels.’

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OUT-LAW.com, 12th June 2017

Source: www.out-law.com

Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course? – UK Constitutional Law Association

‘As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that this constitutional mess has potentially created a ‘perfect storm’, and leaves many here struggling with the troubling consequences.’

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UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org