‘As each day passes, a new window seems to be thrown open exposing a fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like an advent calendar for lawyers.’
UK Constitutional Law Association, 12th December 2018
Source: ukconstitutionallaw.org
‘Small business owners polled for a new survey have admitted they are still “clueless” about GDPR – leaving the personal data of millions of employees and customers at risk.’
The Independent, 12th December 2018
Source: www.independent.co.uk
‘Whether you consider it is the duty of our fellow citizens to read the 599 pages of the Withdrawal Agreement before expressing an opinion on Brexit, it is certainly the duty of any lawyer entering the fray.’
Doughty Street Chambers, 27th November 2018
Source: insights.doughtystreet.co.uk
‘Judgment in the test case of SM & Ors v SSHD was handed down by the Upper Tribunal on 4 December 2018. The Tribunal quashed the decision to certify SM and RK’s human rights claims as “clearly unfounded” on the basis that their particular vulnerability, combined with the latest evidence of profound problems with the Italian reception system meant that that the Secretary of State should either exercise the discretion to consider their claims here or obtain an assurance that they would be provided with appropriate accommodation. The evidence before the Tribunal predated the latest Italian government’s anti-migrant policies.’
Garden Court Chambers, 4th December 2018
Source: www.gardencourtchambers.co.uk
‘Following a hearing that took place on 11 October 2018, Mr Justice William Davis, a High Court Judge sitting in the Upper Tribunal, ruled that the Home Office unlawfully removed ‘QH’, an exceptionally vulnerable young Afghan male, to Germany. As a result, the Court has today ordered the Home Office to take steps to return QH to the UK so that his asylum claim can be decided here.’
Garden Court Chambers, 4th December 2018
Source: www.gardencourtchambers.co.uk
‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’
4 New Square, 22nd November 2018
Source: www.4newsquare.com
‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’
Cloisters, 7th November 2018
Source: www.cloisters.com
‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’
New Law Journal, 5th December 2018
Source: www.newlawjournal.co.uk
‘Following a day long oral hearing the High Court has dismissed a wide-ranging crowd-funded claim for judicial review which sought to challenge the outcome of the EU Referendum, the giving of Article 50 notification to leave the EU and the alleged subsequent inaction of the Prime Minister in the face of the Electoral Commission’s findings of breaches of campaign finance and other requirements by Vote Leave and other leave campaigners during the 2016 EU Referendum campaign.’
11 KBW, 10th December 2018
Source: www.11kbw.com
‘The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018.’
4 New Square, 16th November 2018
Source: www.4newsquare.com
‘Ahead of the planned parliamentary vote on the UK / EU Withdrawal Agreement, many EU nationals remain concerned about their future status in the UK, particularly in the event of a no-deal Brexit. So what do we know at this stage?’
Technology Law Update, 10th December 2018
Source: www.technology-law-blog.co.uk
‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’
UK Constitutional Law Association, December 2018
Source: ukconstitutionallaw.org
‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’
The Guardian, 10th December 2018
Source: www.theguardian.com
‘The Home Office unlawfully removed a child asylum seeker from the UK and has been ordered to arrange his return in a landmark High Court ruling.’
The Independent, 6th December 2018
Source: www.independent.co.uk
‘The UK’s Civil Aviation Authority is taking legal action against Ryanair over the airline’s refusal to compensate thousands of UK customers affected by flight disruption over the summer.’
The Guardian, 5th December 2018
Source: www.theguardian.com
‘The UK should be able to unilaterally cancel its withdrawal from the EU, according to a top European law officer. The non-binding opinion was delivered by the European Court of Justice’s advocate general.’
BBC News, 4th December 2018
Source: www.bbc.co.uk
‘The Court of Appeal has ruled that it has jurisdiction to hear an appeal against the decision that stopped the massive £14bn Mastercard class action – the biggest opt-out claim in English legal history.’
Litigation Futures, 15th November 2018
Source: www.litigationfutures.com
‘Speech by Lord Justice Singh: Racial Equality and the Law,’
Courts and Tribunals Judiciary, 14th November 2018
Source: www.judiciary.gov.uk
‘Relationships have been in the news in 2018. Not only did we see two Royal weddings, but at the opposite end of the romance spectrum, in June the UK Supreme Court ruled that it was discriminatory not to allow opposite-sex couples to form civil partnerships. Dianne Millen, an associate at Morton Fraser in Edinburgh, looks at relationships as seen in the eyes of the law.’
Family Law, 13th November 2018
Source: www.familylaw.co.uk
‘Two takeaway bosses have been jailed over the manslaughter of a 15-year-old girl who suffered an allergic reaction to a meal.’
Daily Telegraph, 7th November 2018
Source: www.telegraph.co.uk
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