Rosie Slowe: Reflections on the ‘Three Knights Opinion’ and Article 50 TEU – UK Human Rights Blog

‘On 17 February 2017, Bindmans LLP published an Opinion solicited from several leading authorities on EU law concerning Article 50 TEU. The so-dubbed ‘Three Knights Opinion’ put forward compelling legal arguments in support of why an Act of Parliament at the end of the Article 50 negotiation process is necessary in order to ensure that Brexit occurs in accordance with domestic and, by extension, EU law. These contentions, and Professor Elliot’s rebuttal, warrant careful consideration.’

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UK Human Rights Blog, 9th March 2017

Source: www.ukhumanrightsblog.com

UK businesses see record number of European patents granted by EPO – OUT-LAW.com

Posted March 9th, 2017 in EC law, intellectual property, news, patents, reports, statistics by sally

‘A record number of European patents were granted to UK businesses in 2016 by the European Patent Office (EPO), according to new figures.’

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OUT-LAW.com, 9th March 2017

Source: www.out-law.com

Future-proof growth for the digital economy – Technology Law Update

Posted March 9th, 2017 in data protection, EC law, education, employment, news, regulations, reports by sally

‘Last year, the digital economy accounted for 14.5% of all UK service exports, at around £30bn. The UK remains a leader in digital innovation, and maintaining that status is a Government priority. Coadec, the Coalition for a Digital Economy, has released a detailed report suggesting four areas that for improvement to keep pace in the global race: skills, talent, investment and trade.’

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Technology Law Update, 7th March 2017

Source: www.technology-law-blog.co.uk

Recent ruling a reminder that journalistic defence can defeat data protection breach claims, says expert – OUT-LAW.com

‘ A ruling by the High Court in London last month highlights the special rules that publishers can rely on under UK data protection law to defeat claims that they have processed personal data unlawfully.’

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OUT-LAW.com, 8th March 2017

Source: www.out-law.com

Divorce Jurisdiction after Brexit – Family Law Week

Posted March 8th, 2017 in brexit, divorce, EC law, jurisdiction, news by sally

‘An EU law working group, comprising 15 international family law experts, considers the basis on which couples should be able to engage the jurisdiction of the UK courts in order to divorce, following the UK’s departure from the European Union.’

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Family Law Week, 7th march 2017

Source: www.familylawweek.co.uk

Brexit: Government suffers second defeat in Lords – BBC News

Posted March 8th, 2017 in amendments, bills, brexit, EC law, news, parliament, referendums, treaties, veto by sally

‘The government has suffered a second Brexit defeat in the House of Lords as peers backed, by 366 votes to 268, calls for a “meaningful” parliamentary vote on the final terms of withdrawal.’

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BBC News, 7th March 2017

Source: www.bbc.co.uk

New guidance on incident reporting under EU cybersecurity laws issued for digital service providers – OUT-LAW.com

Posted March 6th, 2017 in confidentiality, data protection, EC law, internet, news, notification by sally

‘Digital service providers (DSPs) will not be obliged to report certain data breaches they experience under new EU cybersecurity laws, according to new guidance issued by the EU’s main cybersecurity body.’

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OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

Brexit, Shakespeare, and International Law – OUP Blog

Posted March 6th, 2017 in brexit, Christianity, EC law, news, referendums by sally

‘How to make sense of the Brexit vote and its aftermath? To where can we look if we are to learn more, and to learn more deeply, of the agonistic parts played by principle and pragmatism in human decision-making where self, sovereignty and economic well-being are concerned? In this short blog I will argue that King John – Shakespeare’s English history play with the earliest setting of all – casts the longest and, perhaps the strongest, light. The dramatic premise of the play is King John’s dispute with the King of France regarding the sovereignty of England. It is agreed that their dispute should be handed over to a plebiscite of the people, in this case, the citizens of Angiers who look down on the rival kings from the walls of their town. In this respect the play rehearses The EU referendum, in which the British public were raised to the castle walls and empowered to pass judgment on competitors for the sovereignty of their nation.’

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OUP Blog, 6th February 2017

Source: www.blog.oup.com

New costs cap regime in force for environmental cases – OUT-LAW.com

‘Courts in England and Wales have new powers to change the maximum cost liabilities that those challenging environmental decisions of public bodies’ through judicial review could be exposed to under new rules that are now in force.’

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OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

ICO assessing political use of public’s private data – BBC News

Posted March 6th, 2017 in data protection, EC law, elections, news, referendums by sally

‘The information watchdog is scrutinising the use of the public’s private data for political purposes following concerns over an analytics firm linked to the Leave.EU campaign.’

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BBC News, 5th March 2017

Source: www.bbc.co.uk

Ministers urged to protect rights of EU citizens in UK – BBC News

Posted March 6th, 2017 in EC law, freedom of movement, human rights, news, parliament, treaties by sally

‘The UK should make a unilateral decision to safeguard the rights of EU nationals living in the UK, according to a cross-party group of MPs.’

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BBC News, 5th March 2017

Source: www.bbc.co.uk

What happens now peers have voted to amend the Brexit Bill? – Daily Telegraph

Posted March 2nd, 2017 in amendments, bills, brexit, EC law, news, parliament, treaties by sally

‘Peers in the House of Lords have voted to amend European Union (Notification of Withdrawal) Bill, which if passed by Parliament will allow the UK to start formal talks about leaving the EU.’

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Daily Telegraph, 1st March 2017

Source: www.telegraph.co.uk

Unlicensed online retransmissions of TV shows within ‘the area of initial broadcast’ constitutes copyright infringement, rules EU court – OUT-LAW.com

Posted March 2nd, 2017 in bills, copyright, EC law, intellectual property, media, news by sally

‘Retransmitting TV programmes online within “the area of initial broadcast” is an act of copyright infringement under EU law, if carried out without the permission of the TV broadcasters, the EU’s highest court has ruled.’

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OUT-LAW.com, 1st March 2017

Source: www.out-law.com

Rupert Murdoch’s 21st Century Fox to formally notify EU of Sky bid – The Guardian

Posted March 1st, 2017 in competition, EC law, media, news, public interest by sally

‘Rupert Murdoch’s 21st Century Fox is expected to formally notify the European competition regulator of its £11.7bn takeover offer for Sky later this week, after which the UK culture secretary will have to decide whether to launch an investigation into the extent of Murdoch’s control of UK media.’

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The Guardian, 1st March 2017

Source: www.guardian.co.uk

Planned ‘cookie law’ update will exacerbate problems of old law, says expert – OUT-LAW.com

Posted March 1st, 2017 in consent, EC law, internet, news, privacy by sally

‘Newly proposed reforms to EU ePrivacy rules could exacerbate problems that stem from existing rules governing the use of ‘cookies’.’

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OUT-LAW.com, 28th February 2017

Source: www.out-law.com

The CJEU and the ECtHR: an idiot’s guide – Law & Religion UK

Posted March 1st, 2017 in EC law, human rights, news by sally

‘Five years ago we posted a piece entitled ‘Church and State III – the European dimension’. Perhaps the title was misleading, but some people still don’t seem to be able to understand the difference between the Court of Justice of the European Union and the European Court of Human Rights, so the following is an updated version, without the references to freedom of religion and belief.’

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Law & Religion UK, 27th February 2017

Source: www.lawandreligionuk.com

European Parliament calls for comprehensive legal framework for robotics and AI – Technology Law Update

Posted February 24th, 2017 in artificial intelligence, EC law, news by sally

‘Robots. Whether you love them or hate them, they are on the march. Many new consumer robotics products were on display at CES 2017 in Las Vegas, offering personalised help with controlling connected equipment and mundane household tasks. Robots and Artificial Intelligence are increasingly active in industrial fields like manufacturing and warehouse logistics (think Ocado’s new online shopping distribution warehouse, for example) and service contexts like banking.’

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Technology Law Update, February 2017

Source: www.technology-law-blog.co.uk

Davor Jancic: A Very Parliamentary Brexit: Satire in Two Acts – UK Constitutional Law Association

Posted February 24th, 2017 in brexit, devolution, EC law, news, parliament, referendums, veto by sally

‘Brexit is a very parliamentary affair. The reason is that both the UK Parliament, the European Parliament and, in all likelihood, each of the parliaments of the EU Member States will have veto powers over the terms of Brexit. This gives them ample opportunities to influence the course of negotiations. Unless the wishes of all of these parliamentary bodies are accommodated, it will be a rather ‘hard’ Brexit indeed. This commentary examines the role of parliaments in the UK’s yet-to-be-triggered exit from the EU.’

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UK Constitutional Law Association, 23rd February 2017

Source: www.ukconstitutionallaw.org

Environmental Law News Update – Six Pump Court

Posted February 23rd, 2017 in brexit, climate change, EC law, enforcement, environmental protection, news, reports by sally

‘In this latest Environmental News Update, Christopher Badger comments on a record payment for an enforcement undertaking agreed by the Environment Agency, the House of Lords Brexit report, and the UK’s role in the EU-ETS scheme.’

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Six Pump Court, 22nd February 2017

Source: www.6pumpcourt.co.uk

Short Cuts – Stephen Sedley – London Review of Books

Posted February 23rd, 2017 in constitutional history, EC law, news, parliament, royal prerogative, treaties by sally

‘When the government decided to appeal to the Supreme Court against the High Court’s ruling that ministers could not lawfully use the royal prerogative to leave the EU, many lawyers, myself included, thought it a hopeless enterprise. A court of three judges – the Chief Justice, the Master of the Rolls and Lord Justice Sales (who had been standing counsel to the government when at the bar) – had held on cogently reasoned grounds that the prior authority of an Act of Parliament was required. Nevertheless the Supreme Court sat in full, all 11 members, to hear what even the sober Constitution Unit was calling the case of the century. Well, the appeal failed, and by a decisive margin of eight votes to three. But the margin conceals what was jurisprudentially a closer-run thing than the numbers suggest.’

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London Review of Books, 2nd March 2017

Source: www.lrb.co.uk