‘Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the UK’s jurisdiction and English law after Brexit.’
Courts and Tribunals Judiciary, 30th November 2017
Source: www.judiciary.gov.uk
‘Workers are entitled to paid leave and can claim compensation if they are not allowed to take their holidays, the EU’s highest court has ruled.’
The Guardian, 29th November 2017
Source: www.theguardian.com
‘The European Insurance and Occupational Pensions Authority (EIOPA) has warned UK financial firms that they should not rely on leniency from local regulators in the EU if the UK exits the trading bloc without a deal on the cross-border provision of financial services provision in place.’
OUT-LAW.com, 28th November 2017
Source: www.out-law.com
‘Earlier in the year, I posted on the importance of Parliament legislating to provide a new ‘constitutional instruction’ to national courts to replace that currently set out in the European Communities Act 1972 (ECA) and offer clear guidance on judicial interpretation post-Brexit (see here). The European Union (Withdrawal) Bill provides domestic courts with that instruction as part of its effort to prepare the UK legal order for the challenges of leaving the European Union. This second post reviews the terms of that instruction and reflects on the scope that it would afford national courts to shape the development of domestic law post-Brexit.’
UK Constitutional Law Association, 27th November 2017
Source: ukconstitutionallaw.org
‘Faced with a cliff, jumping is generally considered one of the least pleasant solutions. Yet we are racing towards the edge of the Brexit cliff. Miracles excluded, the UK and EU will not be able to finalize the necessary Brexit agreements in time. Effectively, there is less than a year left, and we have not even moved beyond the Brexit bill. As an extension of the two-year term seems politically impossible in the UK, we seem left with one unlikely and one disastrous possible outcome.’
UK Constitutional Law Association, 24th November 2017
Source: ukconstitutionallaw.org
‘Ministers are considering how to amend UK law to recognise animal sentience after Brexit, Michael Gove says.’
BBC News, 23rd November 2017
Source: www.bbc.co.uk
‘The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals. But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, the role and significance of the Charter of Fundamental Rights of the EU (“CFREU”) and the way in which it confers a free standing route to dis-applying primary legislation as well as raising questions on the impact of Brexit. It follows that it is essential reading for employment lawyers. Jacques Algazy QC analyses these issues in this blog.’
Cloisters, 2nd November 2017
Source: www.cloisters.com
‘Businesses can learn lessons from the way that Uber handled a major data breach that hit the company last year, a data protection law expert has said.’
OUT-LAW.com, 22nd November 2017
Source: www.out-law.com
‘The legal implications of leaving the EU have not been thought through, could overwhelm the supreme court and endanger the independence of the British judiciary, four senior retired judges have warned.’
The Guardian, 21st November 2017
Source: www.theguardian.com
‘Family analysis: Analysing a case where the Family Court submitted a ‘highly unusual’ request under Article 15 of Brussels II bis to the Spanish court for it to transfer jurisdiction to the courts of England and Wales, Chris Stevenson, barrister at Fourteen, questions how such cases will be approached in a post-Brexit world.’
Family Law, 17th November 2017
Source: www.familylaw.co.uk
‘The Supreme Court has this week rejected a claim that the denial of mainstream welfare and housing provision to a Zambrano carer and her child was unlawful.’
Local Government Lawyer, 17th November 2017
Source: www.localgovernmentlawyer.co.uk
‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’
Jurisdiction and Conflict of Laws, 10th November 2017
Source: jurisdictionandconflicts.net
‘Detention and the common European Asylum System – Alasdair Henderson and Suzanne Lambert
The highlights of the Public Law Seminar given by members of 1 Crown Office Row are now available for podcast download here or from iTunes under Law Pod UK, Episodes 13, 14 and 15. For ease of reference the following three posts set out the introductions to each of the presentations and the case citations.’
UK Human Rights Blog, 27th October 2017
Source: ukhumanrightsblog.com
‘Since joining the EU, the free movement of people throughout Europe has led to an increase in international families in the UK, with more marriages involving people of different nationalities and from different cultures than ever before. The large number of international families in the UK could mean social, economic and legal complexities post-Brexit, with studies already showing that Brexit is causing friction within families.’
Family Law, 1st November 2017
Source: www.familylaw.co.uk
‘The UK government has reiterated its plans to establish an agreement with the remainder of the EU member states that will allow personal data to flow across borders unhindered post-Brexit.’
OUT-LAW.com, 30th October 2017
Source: www.out-law.com
‘Most privacy notices displayed on websites and mobile apps do not explain to consumers the country in which collected personal data is stored, according to a study carried out by data protection authorities based around the world.’
OUT-LAW.com, 26th October 2017
Source: www.out-law.com
‘Caroline Cross and Rachel Marcus look at the link between inquests and Article Two of the European Convention on Human Rights. Recorded at the 2017 Public Law event at King’s College London.’
Law Pod UK, 17th October 2017
Source: audioboom.com
‘Bridge is not a sport, European Union judges ruled today, in a decision that dealt a blow to British clubs’ hopes of a VAT tax break.’
Daily Telegraph, 26th October 2017
Source: www.telegraph.co.uk
‘Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and Commonwealth Affairs and Libya v Janah. The case would have been heard in December of last year, but for the small matter of Miller, which caused the hearing to be moved to June of this year. Brexit and Miller, however, do not only seem to have affected the timing of the hearing. They have also affected its importance. What might have been originally anticipated as a potentially defining moment – where the Supreme Court confirmed that the EU’s Charter of Fundamental Rights and Freedoms could be used as a stand-alone cause of action to disapply primary legislation and explained how this could be achieved – was translated into an almost blasé statement by the court that ‘a conflict between EU law and English domestic law must be resolved in favour of the former, with the latter being disapplied; whereas the remedy in the case of inconsistency with Article 6 of the Human Rights Convention is a declaration of incompatibility.’ What might once have seemed controversial has become run of the mill. What has led to the casual acceptance of ‘disapplication’ of a UK statute; and what will happen to disapplication – and the Charter – post-Brexit?’
UK Constitutional Law Association, 24th October 2017
Source: ukconstitutionallaw.org
‘Supreme court ruling hailed as gamechanger by Race4Justice, which says professionals in many fields will now get full protection of equality legislation.’
The Guardian, 25th October 2017
Source: www.theguardian.com
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