‘What’s the significance of the UK’s departure from the EU for the UK’s 14 Overseas Territories, in relation to trade, funding, defence, and sovereignty?’
House of Commons Library , 1st August 2022
Source: commonslibrary.parliament.uk
‘The ‘Bill of Rights Bill’, repealing and replacing the Human Rights Act, has already attracted significant criticism. This post focuses on clause 5, with which the government seeks to give effect to its previously expressed scepticism regarding ‘positive obligations’. These are duties on the authorities to take positive measures to protect individuals from human rights breaches, rather than merely refraining from breaching those rights with their own actions. The obligation to protect those suffering domestic violence is such an obligation.’
UK Constitutional Law Association, 27th July 2022
Source: ukconstitutionallaw.org
‘The EU has launched fresh legal action against the UK over its enforcement of post-Brexit trading rules in Northern Ireland.’
BBC News, 22nd July 2022
Source: www.bbc.co.uk
‘The President of the Family Division has very recently handed down his decision in this matter of Re: S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam), in which we acted for the successful applicant mother. Whilst the facts of the case are unique, the judgment serves as a helpful reminder of the jurisdictional framework of international children cases following our departure from the European Union.’
Family Law, 21st July 2022
Source: www.familylaw.co.uk
‘New data protection laws proposed by the UK government are intended to promote data-driven innovation and reduce some of the burdens organisations have come to associate with the General Data Protection Regulation (GDPR).’
OUT-LAW.com, 20th July 2022
Source: www.pinsentmasons.com
‘The Bill of Rights Bill, which repeals the Human Rights Act 1998, claims to ‘give effect’ to the rights set out in the European Convention on Human Rights. (Cl. 2). But its core aim is to ‘increase democratic oversight of human rights issues’ (Explanatory Note 2. B. p. 3). This aim is sought in a number of ways, one of the most important being set out in Clause 7.’
Oxford Human Rights Hub, 7th July 2022
Source: ohrh.law.ox.ac.uk
‘The “Bill of Rights Bill” (the “Bill”), introduced to Parliament on 22 June this year, has the potential to have significant implications for employment law. Once tribunals and courts accept the Bill’s exhortation to give “great weight” to freedom of speech, the consequences for workplace relations may be profound.’
UK Labour Law, 6th July 2022
Source: uklabourlawblog.com
‘The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known.’
UK Constitutional Law Association, 5th July 2022
Source: ukconstitutionallaw.org
‘The Home Office is being taken to court by a government-sponsored Brexit watchdog over the “unlawful” treatment of 2.5 million EU citizens in the UK. The High Court has confirmed that the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA), designed to protect the rights of EU nationals in the UK, has been granted permission to proceed with a judicial review claim against the department.’
The Independent, 30th June 2022
Source: www.independent.co.uk
‘Environment secretary George Eustice wants to tear up a key piece of European law that environmentalists say protects cherished habitats in the UK.’
The Guardian, 30th June 2022
Source: www.theguardian.com
‘The Bill of Rights Bill is framed by the Government as necessary to ensure “meaningful democratic oversight” of human rights protection in the UK, with Conservative MPs keen to present the Bill as a means to restore sovereignty in the face of interfering judges – both at the level of the European Court of Human Rights (ECtHR) and UK courts. However, as this post will argue, the Bill undermines sovereignty and meaningful democratic oversight of rights protection in at least three ways not acknowledged by the Government and the Bill’s supporters. These are in the Bill’s process, presentation and procedures. That is, sovereignty is undermined by, first, the Bill’s process through Parliament, second, its presentation to Parliament by the Government, and third, via the procedures contained in the Bill that facilitate executive interference with judicial scrutiny of human rights protection. As we will see, while the Government purports to be placing parliamentary authority at the centre of UK human rights protection, in reality the executive is seeking more power to manipulate human rights law to its own advantage.’
UK Constitutional Law Association, 27th June 2022
Source: ukconstitutionallaw.org
‘Briefings on the Northern Ireland Protocol, including on EU-UK negotiations, Article 16, international law, and information on the UK Government announcement to change the Protocol through the Northern Ireland Protocol Bill.’
House of Commons Library , 26th June 2022
Source: commonslibrary.parliament.uk
‘The UK government has said it expects to outline its plans for reform to data protection law this month.’
OUT-LAW.com, 14th June 2022
Source: www.pinsentmasons.com
‘The Northern Ireland Protocol is part of the Withdrawal Agreement, designed to set out the legal parameters of the withdrawal of the UK from the EU. The Government proposes to introduce legislation to unilaterally change the Protocol. On the face of it, this would appear to place the Government on the highway to a breach of international law. But are there any off-ramps which allow it to avoid this destination? This blog post examines one possible off-ramp, that this course of action is consistent with the Vienna Convention on the Law of Treaties 1969.’
UK Constitutional Law Association, 13th June 2022
Source: ukconstitutionallaw.org
‘Animal welfare campaigners, food policy experts and farmers have reacted with fury after the government watered down post-Brexit trade deal standards in its food strategy, released on Monday.’
The Guardian, 13th June 2022
Source: www.theguardian.com
“Lady Rose, United Kingdom Association For European Law Annual Lecture”
Supreme Court, 23rd may 2022
Source: www.supremecourt.uk
‘The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.’
Family Law, 27th May 2022
Source: www.familylaw.co.uk
‘The Times recently (11 May 2022) reported that the Attorney General, Suella Braverman, had received, and given, legal advice to the effect that proposed government action in relation to the Northern Ireland Protocol was compatible with international law. As I write, we have still not seen details of either the proposals or the legal arguments on which the government intends to rely. What is going on?’
UK Constitutional Law Associaiton, 30th May 2022
Source: ukconstitutionallaw.org
‘A recent decision of the CJEU has addressed the definition of habitual residence for divorce jurisdiction under Art 3 of BIIA. It confirms the interpretation hitherto held in England that a party can have only one habitual residence at one time. But it has also given a strong indication that habitual residence has to be continuous for the requisite period before the date of issuing of proceedings and not just on the date of issue. This has been a controversy in English case law over many years, with the majority of professional opinion allegedly being that habitual residence was only necessary on the date of issue and merely residence for the requisite preceding period. The Ministry of Justice relied on this interpretation in drafting England’s new post Brexit divorce jurisdictional law, on the basis of following EU law. Now, seemingly, that is not so. What will now be the position in England dealing with cases involving EU Member States? In any event what is the position with transitional cases?’
Family Law, 12th May 2022
Source: www.familylaw.co.uk
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