Crimes of Arrival in the Nationality and Borders Bill – EIN Blog

Posted October 7th, 2021 in asylum, bills, immigration, international law, news, treaties by sally

‘The Nationality and Borders Bill further criminalises people coming to the UK to seek asylum. It does so by switching the emphasis from “entering” the UK to “arriving” in the UK. The difference is significant. Together with a combination of other powers, it means that people can be stopped from crossing the English Channel in small boats and turned away for criminal behaviour. If by luck they land on the English coastline, they can be prosecuted. But many such people will be asylum seekers, with a right to come to the UK and seek asylum. The proposal ignores the provision of the Refugee Convention (Article 31) that prohibits penalties being imposed on Refugees who enter or are present in a country without authorisation. The result is incompatible with UK international commitments.’

Full Story

EIN Blog, 6th October 2021

Source: www.ein.org.uk

Insight: Is turning back migrants at sea compatible with international law? – House of Commons Library

Posted September 14th, 2021 in asylum, human rights, immigration, international law, news, treaties, United Nations by tracey

‘What does international law say about turning back migrants at sea, and can “pushback” tactics be used safely and legally?’

Full Story

House of Commons Library, 13th September 2021

Source: commonslibrary.parliament.uk

Government breaching human rights commitments under UN racism treaty, report warns – The Independent

‘The government is in breach of a UN treaty designed to eradicate racial discrimination, a new report has warned. Research by the Runnymede Trust said that minority ethnic groups face sustained disparities across health, the criminal justice system, education, employment and immigration in England.’

Full Story

The Independent, 14th July 2021

Source: www.independent.co.uk

Supreme Court to hear UK challenge to two Holyrood bills – BBC News

‘The Scottish and UK governments are to face off at the Supreme Court over whether two bills passed by MSPs are within Holyrood’s powers.’

Full Story

BBC News, 28th June 2021

Source: www.bbc.co.uk

Part 26A scheme not within scope of Lugano Convention – Mills & Reeve

Posted April 13th, 2021 in brexit, company law, insolvency, news, treaties by sally

‘The insolvency criteria for instigating a Part 26A scheme had the effect that Part 26A schemes fall within the insolvency carve out contained in the Lugano Convention and so are not within its scope.’

Full Story

Mills & Reeve, 8th April 2021

Source: www.mills-reeve.com

Brexit: EU launches legal action against UK over ‘serious’ Northern Ireland protocol breach – The Independent

Posted March 16th, 2021 in brexit, international trade, news, Northern Ireland, treaties by tracey

‘Brussels has launched legal action against the UK government after Boris Johnson announced he would renege on parts of the deal he signed last year.’

Full Story

The Independent, 15th March 2021

Source: www.independent.co.uk

The environmental implications of the Brexit deal – UK Human Rights Blog

‘Most UK people’s 2020 Christmas eves were cheered by the news that we had some sort of Brexit deal – here, in all its majesty. Given the deadline for no deal, some deal, however thin, was a good deal better than nothing, with the ill-tempered chaos between the UK and a major trading partner which would have followed from the latter.’

Full Story

UK Human Rights Blog, 18th January 2021

Source: ukhumanrightsblog.com

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims – Local Government Lawyer

Posted January 14th, 2021 in airports, civil procedure rules, costs, news, statutory interpretation, treaties, VAT by tracey

‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’

Full Story

Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

New Acts – legislation.gov.uk

Posted December 17th, 2020 in boundaries, conflict of laws, elections, legislation, parliament, treaties by tracey

Parliamentary Constituencies Act 2020

Private International Law (Implementation of Agreements) Act 2020

Source: www.legislation.gov.uk

High Court dismisses Harry Dunn challenge – UK Human Rights Blog

‘R (on the application of Charlotte Charles and Tim Dunn) v Secretary of State for Foreign and Commonwealth Affairs & Chief Constable of Northamptonshire Police [2020] EWHC 3185 (Admin). At a “rolled up” hearing on both permission and substantive merits, a challenge was considered by the High Court to the decision of the Foreign and Commonwealth Office’s (“FCO”) that Anne Sacoolas, the wife of a member of the US Government’s Technical and Administrative staff stationed at RAF Croughton, was entitled to diplomatic immunity from prosecution. The challenge to this decision was dismissed on all grounds. However, permission to appeal to the Court of Appeal has been granted.’

Full Story

UK Human Rights Blog, 14th December 2020

Source: ukhumanrightsblog.com

Former appeal court judge to lead UK review of Human Rights Act – The Guardian

Posted December 8th, 2020 in human rights, judges, news, statutory interpretation, treaties by sally

‘A former court of appeal judge has been appointed to lead a review into how the Human Rights Act (HRA) is being interpreted in UK courts.’

Full Story

The Guardian, 7th December 2020

Source: www.theguardian.com

Harry Dunn’s family lose High Court battle against Foreign Office – Daily Telegraph

Posted November 24th, 2020 in costs, costs capping orders, dangerous driving, diplomats, immunity, news, treaties by sally

‘Harry Dunn’s parents have lost their High Court battle against the Foreign Office over whether their son’s alleged killer had diplomatic immunity.’

Full Story

Daily Telegraph, 24th November 2020

Source: www.telegraph.co.uk

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.’

Full Story

The Guardian, 1st October 2020

Source: www.theguardian.com

British citizenship after obtaining EU Settled Status – Richmond Chambers

Posted June 2nd, 2020 in citizenship, domicile, EC law, families, immigration, news, treaties by sally

‘EU Settled Status is a relatively new form of indefinite leave to remain (ILR) for which EEA nationals and family members have to apply by 30 June 2021. In this post we look at how to obtain British citizenship after obtaining EU Settled Status.’

Full Story

Richmond Chambers, 25th May 2020

Source: immigrationbarrister.co.uk

New Judgment: Fowler v Commissioners for HMRC [2020] UKSC 22 – UKSC Blog

Posted May 27th, 2020 in double taxation, income tax, news, self-employment, Supreme Court, treaties by sally

‘Mr Fowler is a qualified diver who is resident in the Republic of South Africa. During the 2011/12 and 2012/13 tax years he undertook diving engagements in the waters of the UK’s continental shelf. HMRC stated that he is liable to pay UK income tax for this period. Whether he is liable depends on the application of a Double Taxation Treaty between the UK and South Africa. Article 7 of the Treaty provides that self-employed persons are taxed only where they are resident (i.e. South Africa), whereas article 14 provides that employees may be taxed where they work (i.e. the UK). For the purposes of this appeal, the parties have assumed that Mr Fowler was an employee. Mr Fowler claims he is nevertheless not liable to pay tax in the UK. His case centres on a “deeming provision” in section 15 of the UK’s Income Tax (Trading and Other Income) Act 2005 (“ITTOIA”). This provides that an employed seabed diver is “treated” as self-employed for the purposes of UK income tax.’

Full Story

UKSC Blog, 26th May 2020

Source: ukscblog.com

“This lopsided Treaty…” Is the US/UK Extradition Treaty imbalanced? – 6KBW College Hill

Posted April 17th, 2020 in chambers articles, extradition, interpretation, news, treaties by sally

‘Recent high-profile extradition cases have breathed new life into the old question of whether extradition relations between the US and the UK are imbalanced. On 12 February 2020, the Leader of the Opposition stated in Parliament “this lopsided treaty means the US can request extradition in circumstances that Britain cannot”. The Prime Minister replied: “to be frank, I think the right honourable Gentleman has a point in his characterisation of our extradition arrangements with the United States”. It is a question that has arisen time and again since the UK ratified the US/UK Extradition Treaty 2003 (‘the 2003 Treaty’). So, where does the truth of the matter lie?’

Full Story

6KBW College Hill, 9th April 2020

Source: blog.6kbw.com

Treaty scrutiny -A brave new frontier for Parliament – UK Constitutional Law Association

Posted March 18th, 2020 in brexit, constitutional law, news, parliament, royal prerogative, treaties by sally

‘On Tuesday 17 March, the House of Lords endorsed a report by the Procedure Committee which has the effect of establishing a new Committee tasked with scrutinising international agreements, or treaties, that are negotiated and signed by the UK in 2020.’

Full Story

UK Constitutional Law Association, 18th March 2020

Source: ukconstitutionallaw.org

Supreme Court: ICSID award enforceable as state aid investigation continues – OUT-LAW.com

Posted February 27th, 2020 in arbitration, EC law, enforcement, news, state aids, Supreme Court, treaties by tracey

‘The UK Supreme Court has ruled that an arbitration award made under the International Centre for Settlement of Investment Disputes (ICSID) Convention is enforceable despite an ongoing EU state aid investigation.’

Full Story

OUT-LAW.com, 26th February 2020

Source: www.pinsentmasons.com

Understanding the implementation of the Withdrawal Agreement in domestic law – Brexit Law

Posted February 11th, 2020 in brexit, chambers articles, EC law, news, treaties by sally

‘As explained in a previous post, the entry into force on 31 January 2020 of the UK’s Withdrawal Agreement, following its ratification by both the UK and the EU, would not in and of itself have meant that the Withdrawal Agreement had effect in UK law. Rather, legislation was required to implement it.’

Full Story

Brexit Law, 11th February 2020

Source: brexit.law

The final constitutional steps to withdrawal – Brexit Law

Posted February 6th, 2020 in brexit, constitutional law, news, treaties by sally

‘At 11 pm GMT on 31 January 2020, the UK left the EU. But what final steps had to be taken for this to happen lawfully?’

Full Story

Brexit Law, 6th February 2020

Source: brexit.law