Insurance intermediaries working with offshore insurers may reclaim UK VAT – OUT-LAW.com

Posted March 20th, 2025 in EC law, HM Revenue & Customs, insurance, interpretation, news, taxation, VAT by tracey

‘A recently delivered judgment by the UK’s First-tier Tribunal (Tax) (FTT) will have significant implications for insurance intermediaries and their ability to recover tax, an expert has said.’

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OUT-LAW.com, 19th March 2025

Source: www.pinsentmasons.com

Coulda, shoulda, woulda – whether to depart from assimilated EU case law – UK-EU Relations Law

Posted March 14th, 2025 in appeals, brexit, chambers articles, EC law, intellectual property, news, patents by Lily

‘In this blog post Alastair Holder Ross of Monckton Chambers discusses the Court of Appeal’s recent judgment in Merck Serono v Comptroller-General of Patents [2025] EWCA Civ 45, which clarifies the circumstances in which domestic courts will depart from assimilated EU case law post-Brexit.’

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UK-EU Relations Law, 13th March 2025

Source: eurelationslaw.com

Polish up your pleadings! – 3 Hare Court

‘The case of Alton v PZU S.A. [2024] EWCA Civ 1435 arose out of a road traffic accident on the M20 motorway that occurred on 12 September 2017 and was a claim for damages in respect of personal injury and consequential losses, limited to £13,500. I adopt the past tense because the claim has now in fact been compromised, therefore, the judgment of the Court of Appeal was the final act in this particular drama.’

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3 Hare Court, 6th February 2025

Source: www.3harecourt.com

UK court shuts door on ‘second medical use’ SPCs – OUT-LAW.com

Posted February 7th, 2025 in appeals, EC law, medicines, news by Lily

‘Pharmaceutical companies cannot obtain UK supplementary protection certificates (SPCs) for medicinal products for which a second medical use has been found where those products have already been the subject of a marketing authorisation issued by regulators, the Court of Appeal in England and Wales has confirmed.’

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OUT-LAW.com, 4th February 2025

Source: www.pinsentmasons.com

UK court shuts door on ‘second medical use’ SPCs – OUT-LAW.com

Posted February 5th, 2025 in EC law, medicines, news, patents by sally

‘Pharmaceutical companies cannot obtain UK supplementary protection certificates (SPCs) for medicinal products for which a second medical use has been found where those products have already been the subject of a marketing authorisation issued by regulators, the Court of Appeal in England and Wales has confirmed.’

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OUT-LAW.com, 4th February 2025

Source: www.pinsentmasons.com

A bitter taste? When will the Court depart from assimilated EU case law? – UK-EU Relations Law

Posted January 31st, 2025 in appeals, brexit, EC law, intellectual property, news, trade marks by Lily

‘In this blog post Jack Williams of Monckton Chambers discusses a new Court of Appeal judgment, Thatchers Cider Co Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 (“Thatchers”), in which the Court decided not to depart from assimilated case law.’

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UK-EU Relations Law, 29th January 2025

Source: eurelationslaw.com

UK data protection law facing scrutiny and reform in 2025 – OUT-LAW.com

Posted January 8th, 2025 in bills, brexit, data protection, EC law, news by sally

‘Businesses could see material changes to UK data protection laws in 2025 at a time when the compatibility of those laws with equivalent legislation in the EU will be under scrutiny.’

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OUT-LAW.com, 7th January 2025

Source: www.pinsentmasons.com

EU sues UK over post-Brexit freedom of movement failures in blow to Starmer’s reset – The Independent

Posted December 17th, 2024 in brexit, EC law, freedom of movement, news by tracey

‘The European Commission is taking Britain to court over its alleged failure to comply with EU law on freedom of movement after Brexit.’

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The Independent, 16th December 2024

Source: www.independent.co.uk

Research Briefing: A shift in approach? Assimilated law reform and the change of government – House of Commons Library

Posted November 18th, 2024 in brexit, EC law, news, repeals, statute law revision by tracey

‘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.’

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House of Commons Library, 15th November 2024

Source: commonslibrary.parliament.uk

Time to remedy the legal consequences of Jivraj v Hashwani? The personal scope of application of equal treatment legislation – by Nicola Countouris and Colm O’Cinneide – UK Labour Law

Posted September 26th, 2024 in brexit, contract of employment, contracts, EC law, equality, news by sally

‘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”.’

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UK Labour Law, 25th September 2024

Source: uklabourlawblog.com

Derivative residence rights and the EU Settlement Scheme – Doughty Street Chambers

Posted September 5th, 2024 in brexit, carers, chambers articles, EC law, immigration, judicial review, news by sally

‘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.’

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Doughty Street Chambers, 28th August 2024

Source: insights.doughtystreet.co.uk

Can a Claimant Rely on an EU Directive to Avoid the Enterprise and Regulatory Reform Act 2013? – Ropewalk Chambers

Posted August 22nd, 2024 in brexit, chambers articles, EC law, news by sally

‘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.’

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Ropewalk Chambers, 10th July 2024

Source: ropewalk.co.uk

Court of Appeal: Albanian siblings of EU nationals wrongly refused status under EUSS – EIN Blog

Posted August 12th, 2024 in appeals, brexit, EC law, families, immigration, news by tracey

‘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.’

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EIN Blog, 9th August 2024

Source: www.ein.org.uk

UK Supreme Court rewrites the rules on retained EU case law – OUT-LAW.com

‘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.’

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OUT-LAW.com, 29th July 2024

Source: www.pinsentmasons.com

Courts place UK’s post-Brexit scheme for EU citizens at risk, experts warn – The Guardian

Posted July 26th, 2024 in brexit, citizenship, EC law, government departments, immigration, news by sally

‘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.’

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The Guardian, 25th July 2024

Source: www.theguardian.com

Appropriate assessment and multi-stage consents – Local Government Lawyer

Posted July 18th, 2024 in EC law, environmental protection, news, planning by michael

‘The Court of Appeal has clarified the requirement for appropriate assessment in multi-stage consents. Barristers at Landmark Chambers explain the ruling.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Can a Claimant Rely on an EU Directive to Avoid the Enterprise and Regulatory Reform Act 2013? – Ropewalk Personal Injury Blog

‘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.’

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Ropewalk Personal Injury Blog, 10th July 2024

Source: ropewalk.co.uk

Important Development in the Marinos/Munro Saga – Financial Remedies Journal

Posted July 10th, 2024 in brexit, divorce, domicile, EC law, news by tracey

‘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.’

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Financial Remedies Journal, 8th July 2024

Source: financialremediesjournal.com

The role of the courts regarding assimilated law from October 2024 – EU Relations Law

Posted June 12th, 2024 in brexit, chambers articles, courts, EC law, news by sally

‘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.’

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EU Relations Law, 11th June 2024

Source: eurelationslaw.com

UK GDPR and changes to pending legislation – Law Society’s Gazette

Posted June 3rd, 2024 in bills, brexit, data protection, EC law, news by sally

‘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.’

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Law Society's Gazette, 29th May 2024

Source: www.lawgazette.co.uk