‘The European Commission is taking Britain to court over its alleged failure to comply with EU law on freedom of movement after Brexit.’
The Independent, 16th December 2024
Source: www.independent.co.uk
‘The Labour government’s approach to reform of legacy EU laws is different from that of its Conservative predecessor. This briefing tracks changes in assimilated law in the first half of 2024 and looks at the future direction of reform following the General Election.’
House of Commons Library, 15th November 2024
Source: commonslibrary.parliament.uk
‘This blogpost revisits the 2011 UK Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40, which adopted a narrow reading of the personal scope of the Equality Act 2010 as it applies to the self-employed. It argues that this decision represented a wrong turn in the law, which should now be reversed by the courts or corrected by the legislature – especially in light of the January 2023 Court of Justice of the European Union (“CJEU”) decision in Case C-356/21, TP v JK, and the stated commitment of the newly elected Labour government to “ensuring those [equality] provisions that were previously derived from EU law remain enshrined in UK law”.’
UK Labour Law, 25th September 2024
Source: uklabourlawblog.com
‘On 30 July 2024, the Court of Appeal refused the claimants permission to appeal against the judgment of Mr Justice Eyre R(Akinsanya and Aning-Adjei) v SSHD [2024] EWHC 469 (Admin). The Court’s decision closes a significant chapter in the long-running litigation on the route to settlement for Zambrano carers under the EU Settlement Scheme. This article is aimed at helping those affected and their advisers to understand the latest judgment and consider what if anything they can do next to hasten their path to settlement.’
Doughty Street Chambers, 28th August 2024
Source: insights.doughtystreet.co.uk
‘When the Enterprise and Regulatory Reform Act 2013 came into force and personal injury claimants could no longer rely upon the various Regulations to establish a cause of action, there was a lot of discussion about what this would mean. Over 10 years later, there has been a surprising lack of authority about any of this. This is now potentially complicated all the more by Brexit.’
Ropewalk Chambers, 10th July 2024
Source: ropewalk.co.uk
‘Vasa v The Secretary of State for the Home Department [2024] EWCA Civ 777 (10 July 2024). The Court of Appeal held in this case that the SSHD had erred in refusing to grant pre-settled or settled status under the EU Settlement Scheme (EUSS) to non-EU nationals who were siblings of EU nationals who had exercised free movement rights in the UK before its withdrawal from the EU.’
EIN Blog, 9th August 2024
Source: www.ein.org.uk
‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’
OUT-LAW.com, 29th July 2024
Source: www.pinsentmasons.com
‘The UK government scheme allowing EU citizens to remain post-Brexit is in danger of being upended, legal experts have warned, after a series of conflicting court rulings over social welfare payments to French and Slovenian citizens and the relative of a Spanish woman living in Britain.’
The Guardian, 25th July 2024
Source: www.theguardian.com
‘The Court of Appeal has clarified the requirement for appropriate assessment in multi-stage consents. Barristers at Landmark Chambers explain the ruling.’
Local Government Lawyer, 17th July 2024
Source: www.localgovernmentlawyer.co.uk
‘I recently acted in the High Court appeal in Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) which raises some interesting questions about the personal injury landscape after the Enterprise and Regulatory Reform Act 2013.’
Ropewalk Personal Injury Blog, 10th July 2024
Source: ropewalk.co.uk
‘A more detailed explanation of the background to this issue can be found in a blog Prof David Hodson OBE KC(Hons) MCIArb and I wrote for the FRJ earlier this year, but in considerable summary the position is as follows.’
Financial Remedies Journal, 8th July 2024
Source: financialremediesjournal.com
‘In this post, Jack Williams of Monckton Chambers provides an update on section 6 of the Retained EU Law (Revocation and Reform) Act 2023 concerning the role of courts in interpreting and departing from assimilated case law.’
EU Relations Law, 11th June 2024
Source: eurelationslaw.com
‘The Data Protection and Digital Information Bill was due to enter the report stage in the House of Lords on 10 June. It may, among other things, make changes to the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR). I say ‘may’ because just after I wrote this, Rishi Sunak called a general election. However there is still a chance of it passing (see later), so let us for now proceed on this basis.’
Law Society's Gazette, 29th May 2024
Source: www.lawgazette.co.uk
‘This article considers the place of EU law in the law curriculum. It explores and critically assesses the pre- and post-Brexit arguments which have been made for EU law as a distinct module on the law degree. A number of commentators have made the case for the desirability of keeping EU law as a core subject. This paper takes account of the Retained EU Law (Revocation and Reform) Act 2023 and the changes to the professional requirements for qualification. Three key arguments are made. The first is that Brexit is disordering in an unquantifiable way the legal systems of the UK and introducing new uncertainties. The second is that at the same time there is a disordering of legal education with consequential changes to the rules for qualification to practise. The third argument, which is premised on the first two, is that providers of law degrees must recognise the implications of these processes and other processes of change (which are identified in this article) and reappraise the purpose of EU law in the curriculum.’
The Law Teacher, 4th April 2024
Source: www.tandfonline.com
‘On 6 March 2024 the Supreme Court handed down two separate judgments in the cases of Bertino v Public Prosecutor’s Office, Italy [2024] UKSC 9 and Merticariu v Judecatoria Arad, Romania [2024] UKSC 10. The constitution of the Court for both cases was the same with the judgments written by Lord Stephens and Lord Burnett. Lords Hodge, Sales and Burrows completed the panel.’
UK Human Rights Blog, 4th April 2024
Source: ukhumanrightsblog.com
‘Millions of Britons are barred from entering the EU by post-Brexit passport rules that are set to cause chaos over the Easter holidays. With the getaway starting in earnest on Thursday, an estimated 2.4 million travellers have documents that can’t be used for trips to the EU because of the change in expiry requirements.’
The Independent, 28th March 2024
Source: www.independent.co.uk
‘This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (ECHR) and evaluates the challenges that the UK’s moving away from ECHR compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the ECHR in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the ECHR with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.’
EIN Blog, 14th March 2024
Source: www.ein.org.uk
‘The UK has signed a new deal with the EU’s border agency to work more closely together to stop small boats crossing the English Channel.’
BBC News, 23rd February 2024
Source: www.bbc.co.uk
‘Successive UK Governments have promised to regulate less, better or smarter to promote economic growth and competitiveness while protecting consumers, workers and the environment. Relatively low visibility reviews and reports – recast and relaunched over time – have belied the public politics of “burning red tape”. But as the fireworks faded over Westminster as 2024 began, you could be forgiven for thinking that the lingering smoke was from the incineration of swathes of regulation produced during EU membership and revoked by the Retained EU Law (Revocation and Reform) Act 2023. Quite how big this bonfire really is, and how much is smoke and mirrors, is quantified in the first six-monthly statutory report to Parliament under section 17 of the Act and published on 22 January 2024. This post examines what we do and do not learn from this report about what is really changing in UK regulatory policy.’
UK Constitutional Law Association, 29th January 2024
Source: ukconstitutionallaw.org
‘A recent Court of Appeal ruling on trade mark infringement is the first clear example of a UK court consciously deciding to depart from a judgment of the Court of Justice of the EU (CJEU)after Brexit, an expert has said.’
OUT-LAW.com, 18th January 2024
Source: www.pinsentmasons.com
© Inner Temple Library 2024