Retrial-conviction cases: when is extradition proportionate? – 5SAH
‘When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?’
5SAH, 17th March 2021
Source: www.5sah.co.uk
Category: brexit
Part 26A scheme not within scope of Lugano Convention – Mills & Reeve
‘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.’
Mills & Reeve, 8th April 2021
Source: www.mills-reeve.com
Freezing and confiscation under the EU–UK Trade and Cooperation Agreement – 5SAH
‘This contribution presents a critical and practical analysis of the changes the EU–UK Trade and Cooperation Agreement brings to the recognition and enforcement of freezing and confiscation orders. It provides an overview of how this area of law may develop in the future post-Brexit.’
5SAH, 8th March 2021
Source: www.5sah.co.uk
Extradition under the EU–UK Trade and Cooperation Agreement – 5SAH
‘When the EU–UK Trade and Cooperation Agreement (TCA) was reached between the UK and the EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if anything, would remain from the European Arrest Warrant (EAW) system before it came into force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or “surrender” between EU member states and the UK. In short, the EAW system no longer applies. The authors set out how the TCA provides a degree of continuity, now under the watchful eye of the UK–EU “Specialised Committee on Law Enforcement and Judicial Cooperation”. There are notable departures from the EAW system however, in both practical and legal terms, that open the door to increased scrutiny of extradition requests. The authors explore the impact these changes may have on the future of extradition with the EU27, to or from the UK.’
5SAH, 10th March 2021
Source: www.5sah.co.uk
Thousands of EU children face ‘cliff edge’ as still without post-Brexit status three months before deadline – The Independent
‘Thousands of European children living in care in the UK face becoming undocumented within months as only one in four has been granted post-Brexit immigration status, data reveals.’
The Independent, 30th March 2021
Source: www.independent.co.uk
Home Office still has no agreements with other countries for deportations central to new immigration plan – The Independent
‘Britain still has no way of deporting refugees from the UK to other countries, the Home Office has confirmed – despite this being a key component of its asylum overhaul announced on Wednesday. Priti Patel has unveiled new measures that will see refugees who arrive in Britain via unauthorised routes denied an automatic right to asylum and instead regularly reassessed for removal to safe countries they passed through, which are usually in the EU.’
The Independent, 25th March 2021
Source: www.independent.co.uk
Brexit: UK lost ‘significant’ access to EU policing data under deal, report warns – BBC News
‘Britain has lost “significant” access to EU policing data under the Brexit deal negotiated at the end of last year, a House of Lords report has said. It also concluded that post-Brexit law enforcement arrangements are “complex” and “untested”.’
BBC News, 26th March 2021
Source: www.bbc.co.uk
Brexit: EU launches legal action against UK over ‘serious’ Northern Ireland protocol breach – The Independent
‘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.’
The Independent, 15th March 2021
Source: www.independent.co.uk
High Court: restructuring plans are ‘insolvency proceedings’ – OUT-LAW.com
‘A recent High Court decision on the legal status of a UK statutory restructuring plan may impact on the way in which these proceedings are viewed by European courts post-Brexit.’
OUT-LAW.com, 12th March 2021
Source: www.pinsentmasons.com
High court rejects bid to extend UK’s EU settlement scheme – The Guardian
‘The high court has rejected a legal bid for an extension to the EU settlement scheme (EUSS), dismissing campaigners’ concerns that those EU residents who fail to apply to remain in the UK before July could face “devastating” consequences, similar to those experienced by the Windrush generation.’
The Guardian, 11th March 2021
Source: www.theguardian.com
UK to depart from GDPR – Law Society’s Gazette
‘The government has sent a first signal of its intention for UK data protection laws to part company with the EU’s General Data Protection Regulation. In a Financial Times article last week, culture secretary Oliver Dowden said he would use the appointment of a new information commissioner to focus not just on privacy but on the use of data for “economic and social goals”.’
Law Society's Gazette, 8th March 2021
Source: www.lawgazette.co.uk
UK broke law by ‘systematically and persistently’ breaching air pollution limits, top court rules – The Independent
‘The EU’s top court court has ruled that the UK broke the law by “systematically and persistently” breaching air pollution limits.’
The Independent, 4th March 2021
Source: www.independent.co.uk
Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian
‘The former judge and renowned historian loses his cool on Covid and the culture wars.’
The Guardian, 3rd March 2021
Source: www.theguardian.com
Injured off-road victims ‘sacrificed at hands of Brexit’, say lawyers – Law Society’s Gazette
‘Personal injury lawyers have warned that the UK government’s decision to ditch a European ruling on private land vehicles risks sacrificing the rights of injured people “in the name of Brexit”.’
Law Society's Gazette, 1st March 2021
Source: www.lawgazette.co.uk
How Will Immigration Policies Impact Haulage? – EIN Blog
‘Brexit cannot be blamed for all the challenges the haulage industry is currently facing. On the other hand, it isn’t helping either. In particular, it’s making recruitment even harder.’
EIN Blog, 1st March 2021
Source: www.ein.org.uk
What Brexit means for employers and the right to work – EIN Blog
‘In simple terms, Brexit means that EU/EEA nationals are now treated the same way as non-EU/EEA nationals. This fact may, however, not be a lot of help to employers who have only ever recruited from the UK, EU and EEA. With that in mind, here is a quick guide to the new rules.’
EIN Blog 22nd February 2021
Source: www.ein.org.uk
European Commission approval for the ‘adequacy’ status of our data protection laws has been welcomed by the government. But is the UK making the wrong choice of regimes? – Law Society’s Gazette
‘Last week’s news that the European Commission is to approve the treasured ‘adequacy’ status of UK data protection laws came as a relief to much of the legal sector. Apart from allowing businesses to continue sharing personal data across the EU when the current bridging agreement expires in June, adequacy status also helps with law enforcement and other matters where cross-border co-operation is vital.’
Law Society's Gazette, 22nd February 2021
Source: www.lawgazette.co.uk
Brexit: DUP launches court challenge to Northern Ireland protocol – The Independent
‘DUP leader Arlene Foster has launched legal action to challenge the Northern Ireland protocol amid unionist anger over post-Brexit trade disruption. The judicial review proceedings will argue that the new checks on goods moving from Great Britain to Northern Ireland were imposed without the consent of the public.’
The Independent, 22nd February 2021
Source: www.independent.co.uk
Effect on Brexit on Part 26A Arrangements and Reconstructions – Wilberforce Chambers
‘It is one of the ironies of Brexit that the UK has effectively implemented many of the features of the 2019 EU Restructuring Directive[1], providing for restructuring plans with cross-class cram down and moratoria, before all of the remaining EU member states (although the Corporate Insolvency and Governance Act 2020 was avowedly not the implementation of EU law). The EU member states are required to implement the Restructuring Directive by 17 July 2021, although to date only Germany, the Netherlands and Greece have done so and many more are expected to seek an extension of the deadline to July 2022.’
Wilberforce Chambers, February 2021
Source: www.wilberforce.co.uk
The new UK subsidy control regime – Brexit Law
‘The UK government’s Department for Business, Energy and Industrial Strategy (“DBEIS”) announced yesterday [3 February] a consultation on new legislation to establish a domestic subsidy control regime.[i] The proposals are outlined in a consultation document “Subsidy control Designing a new approach for the UK”.[ii] The closing date for responses to the consultation document is 31st March 2021.’
Brexit Law, 4th February 2021
Source: brexit.law
