Category: brexit

Sir Jonathan Jones QC (Hon): The Northern Ireland Protocol, International Law and the Attorney General – UK Constitutional Law Association

Posted May 30th, 2022 in attorney general, brexit, constitutional law, international law, news, Northern Ireland by sally

‘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?’

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UK Constitutional Law Associaiton, 30th May 2022

Source: ukconstitutionallaw.org

The CJEU casts doubt on England’s new post-Brexit divorce jurisdiction law – Family Law

Posted May 13th, 2022 in bills, brexit, divorce, drafting, EC law, interpretation, Ministry of Justice, news, references to European Court by tracey

‘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?’

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Family Law, 12th May 2022

Source: www.familylaw.co.uk

Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer

Posted May 6th, 2022 in appeals, brexit, disclosure, freedom of information, local government, media, news, public interest by tracey

‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’

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Local Government Lawyer, 5th May 2022

Source: www.localgovernmentlawyer.co.uk

Anonymity: politics, polarisation and the public interest – UK Human Rights Blog

Posted March 17th, 2022 in anonymity, brexit, judicial review, ministers' powers and duties, news, public interest by tracey

‘In the politically-charged and at times feverish aftermath of the Brexit referendum, Gina Miller became a “magnet for hatred” for exercising her right of access to courts and winning two landmark public law cases against the UK Government. The magnitude and ferocity of abuse directed at Gina Miller made those who followed in her footsteps wary enough to seek anonymity. In Yalland and others v Brexit Secretary, 4 claimants were granted anonymity in relation to a judicial review claim concerning UK participation in the European Economic Area Agreement.’

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UK Human Rights Blog, 15th March 2022

Source: ukhumanrightsblog.com

Court upholds ruling that Northern Ireland Protocol is lawful – The Independent

Posted March 15th, 2022 in appeals, brexit, international trade, news, Northern Ireland by tracey

‘The Northern Ireland Protocol is lawful, the Court of Appeal in Belfast has upheld. DUP leader Sir Jeffrey Donaldson said the legal challenge will now go to the Supreme Court.’

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The Independent, 14th March 2022

Source: www.independent.co.uk

TikTok: lawyers ‘unwisely’ waited until last minute – Law Society’s Gazette

Posted March 10th, 2022 in brexit, children, internet, misuse of private information, news, privacy, service, service out of jurisdiction, time limits by tracey

‘The High Court has dealt a blow to the claimant in a high-profile privacy claim against social media platform TikTok after refusing an extension of time for service.
In SMO (A Child) v Tiktok Inc & Ors Mr Justice Nicklin said that the “inescapable reality” of why the claimant needed an extension was that she had waited until the last minute to meet key deadlines.’

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Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

‘Surinder Singh’ Route to Close On 29 March 2022 – EIN Blog

Posted March 8th, 2022 in brexit, families, immigration, married persons, news by tracey

‘On 29 March 2022 at 2300 GMT, the route for British Citizens to make applications under the EU Settlement Scheme for family permits for their family members to return with or join them in the UK will close.’

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EIN Blog, 7th March 2022

Source: www.ein.org.uk

Home Office to pay UK resident £5,750 for 10-hour Calais detention – The Guardian

Posted March 7th, 2022 in brexit, compensation, detention, government departments, immigration, news by tracey

‘The Home Office has agreed to pay nearly £6,000 in a settlement to an EU citizen it detained at the border in a post-Brexit crackdown on Europeans entering the country last year.’

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The Guardian, 6th March 2022

Source: www.theguardian.com

Devolved powers and the internal market post-Brexit – UK Human Rights Blog

Posted March 4th, 2022 in appeals, brexit, devolution, devolution issues, human rights, judicial review, jurisdiction, news, Supreme Court, Wales by tracey

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

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UK Human Rights Blog, 3rd March 2022

Source: ukhumanrightsblog.com

A Case 40 Years Ago Led To Ban On Beating Children In State Schools – Each Other

Posted February 25th, 2022 in brexit, children, corporal punishment, human rights, legal history, news, school children by sally

‘Corporal punishment includes violence against children through any form of ‘physical force’ that is used to inflict pain. As well as causing harm and discomfort, the perpetration of any form of violence against children represents a violation of their rights.’

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Each Other, 25th February 2022

Source: eachother.org.uk

Keep EU law or face ‘unpredictable consequences’, former GLD chief warns – Law Society’s Gazette

Posted February 22nd, 2022 in brexit, EC law, news, select committees, statute law revision by tracey

‘The UK should retain the supremacy of EU law in order to avoid legal uncertainty and “unpredictable consequences”, the former head of the Government Legal Department has suggested.’

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Law Society's Gazette, 21st February 2022

Source: www.lawgazette.co.uk

Latest News on The EU Settlement Scheme for 2022 – EIN Blog

Posted February 7th, 2022 in brexit, EC law, government departments, immigration, news, statistics, visas by tracey

‘It is now over 3 years since the UK Home Office launched the EU Settlement Scheme (EUSS) on 21st January 2019 in readiness for Brexit. According to the latest government data, as of the end of December 2021, 6,385,500 EUSS applications have been received, 333,200 of these arriving after the deadline of 30th June 2021. So far, 6,057,400 EUSS applications have been processed, resulting in 52% of applicants receiving settled status, 41% receiving pre-settled status, and 3% receiving a refusal. Their data also shows that EUSS applications received since 30th June 2021 have been a mix of late applicants, joining family members, and those moving from pre-settled to settled status. Here we look at the conclusions of the latest EUSS inspection by the Independent Chief Inspector of Border and Immigration and some of the issues applicants are now experiencing with their applications and getting help.’

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EIN Blog, 3rd February 2022

Source: www.ein.org.uk

Flight compensation overhaul for domestic airline passengers – The Independent

Posted January 31st, 2022 in airlines, brexit, compensation, consumer protection, delay, EC law, government departments, news by tracey

‘The days of £220 payouts to delayed passengers who have paid only £30 for a domestic flight may soon be over. The Department for Transport (DfT) is consulting on proposals to overhaul the European air passengers’ rights rules for flights within the UK.’

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The Independent, 31st January 2022

Source: www.independent.co.uk

Government to launch ‘Brexit Freedoms’ Bill to amend outdated EU law – The Independent

Posted January 31st, 2022 in bills, brexit, EC law, government departments, news, statute law revision by tracey

‘The Government is planning to bring forward a “Brexit Freedoms” Bill to make it easier to amend outdated EU law, as part of a drive which it claims will “cut £1 billion of red tape” for UK businesses.’

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The Independent, 31st January 2022

Source: www.independent.co.uk

How will the right to work in the UK change in 2022? – EIN Blog

Posted January 28th, 2022 in brexit, EC law, employment, immigration, news, visas by tracey

‘The individuals who have the right to work in the UK has changed since the Brexit agreement came into effect, and we are likely to see some of the biggest impacts of this over the next year. That means that how people come into the country and the checks that they are subject to could be facing an overhaul, so here we take a look at how the right to work in the UK is likely to change in 2022.’

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EIN Blog, 25th January 2022

Source: www.ein.org.uk

Lawyer jailed after defying order to hand over firm’s files to SRA – Legal Futures

Posted January 21st, 2022 in brexit, contempt of court, imprisonment, legal services, news, sentencing, solicitors, Solicitors Regulation Authority by sally

‘A lawyer has been jailed for 13 months after showing a “brazen disregard” for his regulator by failing to hand over his firm’s files to the Solicitors Regulation Authority (SRA).’

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Legal Futures, 21st January 2022

Source: www.legalfutures.co.uk

Stephen Tierney and Alison Young: Constitution Committee report on the Future Governance of the UK – UK Constitutional Law Association

Posted January 21st, 2022 in brexit, constitutional law, constitutional reform, government departments, inquiries, news, parliament by sally

‘Following a year-long inquiry into the future governance of the United Kingdom, the House of Lords Constitution Committee today publishes its report, Respect and Co-operation: Building a Stronger Union for the 21st century.’

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UK Constitutional Law Association, 20th January 2022

Source: ukconstitutionallaw.org

Government pauses plans to rewrite UK copyright laws after authors protest – The Guardian

Posted January 20th, 2022 in brexit, copyright, news, publishing by tracey

‘After authors including Kate Mosse and Philip Pullman warned that proposals to change the UK’s copyright laws could be “devastating” for writers, the government has paused its plans.’

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The Guardian, 19th January 2022

Source: www.theguardian.com

Advocates use ‘with respect’ in court as “marker of disrespect” – Legal Futures

Posted January 6th, 2022 in advocacy, barristers, brexit, legal language, news by sally

‘Advocates can use the word “respect” as “an implicit marker of disrespect” when addressing opposing counsel in court, academics have found.’

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Legal Futures, 6th January 2022

Source: www.legalfutures.co.uk

English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by tracey

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

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Law Society's Gazette, 29th December 2021

Source: www.lawgazette.co.uk