‘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.’
UK Human Rights Blog, 18th January 2021
Source: ukhumanrightsblog.com
‘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.’
Local Government Lawyer, 13th January 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
UK Human Rights Blog, 14th December 2020
Source: ukhumanrightsblog.com
‘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.’
The Guardian, 7th December 2020
Source: www.theguardian.com
‘Harry Dunn’s parents have lost their High Court battle against the Foreign Office over whether their son’s alleged killer had diplomatic immunity.’
Daily Telegraph, 24th November 2020
Source: www.telegraph.co.uk
‘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.’
The Guardian, 1st October 2020
Source: www.theguardian.com
‘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.’
Richmond Chambers, 25th May 2020
Source: immigrationbarrister.co.uk
‘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.’
UKSC Blog, 26th May 2020
Source: ukscblog.com
‘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?’
6KBW College Hill, 9th April 2020
Source: blog.6kbw.com
‘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.’
UK Constitutional Law Association, 18th March 2020
Source: ukconstitutionallaw.org
‘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.’
OUT-LAW.com, 26th February 2020
Source: www.pinsentmasons.com
‘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.’
Brexit Law, 11th February 2020
Source: brexit.law
‘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?’
Brexit Law, 6th February 2020
Source: brexit.law
‘Islam Khan explores what the “BANGER” extension establishes and how it affects the current “Surinder Singh” principle.’
Church Court Chambers, 2nd December 2019
Source: churchcourtchambers.co.uk
‘In Re I-L (children) the Court of Appeal allowed the father’s appeal and held that where the 1996 Hague Convention applies between two countries, if a 1980 Hague Convention application is made and is not successful, the applicable jurisdictional provisions are those of the 1996 Hague Convention, particularly Art 11, and the inherent jurisdiction is not available to use. Eleri Jones, barrister at 1GC Family Law, who represented the appellant father, considers the implications.’
1 GC: Family Law, 21st November 2019
Source: 1gc.com
‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’
UK Constitutional Law Association, 1st October 2019
Source: ukconstitutionallaw.org
‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’
Law Society's Gazette, 1st October 2019
Source: www.lawgazette.co.uk
‘It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision on a ‘no deal’. That will be a choice for the British.’’
UK Constitutional Law Association, 3rd September 2019
Source: ukconstitutionallaw.org
‘The brother of the Manchester Arena attacker, Salman Abedi, has been extradited from Libya to the UK to face multiple murder charges over his alleged role in the attack.’
The Guardian, 17th July 2019
Source: www.theguardian.com
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