‘Bar Council responds to new report from TheCityUK on value of legal services.’
The impact of Brexit on the UK-based legal services sector
The Bar Council, 20th December 2016
Source: www.barcouncil.org.uk
‘Jon Henley is joined by Jolyon Maugham, Philip Syrpis, Jennifer Rankin and Owen Bowcott to discuss the legal challenges to the government’s use of Article 50, and how the EU will interpret the Lisbon Treaty’s exit mechanism in the coming negotiations.’
The Guardian, 20th December 2016
Source: www.guardian.co.uk
‘New EU laws set to be proposed in January will give telecoms companies more options over how they might use data they gather that relates to customers’ communications, according to a media report.’
OUT-LAW.com, 13th December 2016
Source: www.out-law.com
‘One of the most striking aspects of the arguments of counsel in Miller, as Rachel Jones has pointed out, was how much the disagreement between the parties focussed on the meaning of silence. The government’s case boiled down to an assertion that silence on the issue of whether legislation was needed to invoke Article 50 of the Treaty of European Union in a succession of statutes – the European Communities Act 1972, the Referendum Act 1975, the European Union (Amendment) Act 2008, the European Union Act 2011 and the European Union Referendum Act 2015 – should be interpreted as parliament intending that the government was permitted to use the prerogative to invoke Article 50. For example, counsel for the government repeatedly argued that because some of these statutes, especially the 2008 and 2011 Acts, put restrictions on the exercise of the government’s foreign affairs prerogative power, it must follow that those statutes mean that other aspects of the prerogative must have been intended to have been left unfettered. Expressio unius exclusio alterius. On the other side, the applicants argued that parliament’s silence, especially in the 1972 Act, meant that it intended a specific pre-existing rule to apply, namely the rule that ministers could not use the prerogative, and in particular the foreign affairs prerogative, to change the law. They also argued that parliament’s subsequent silence in the other statutes confirmed that original choice.’
UK Constitutional Law Association, 13th December 2016
Source: www.ukconstitutionallaw.org
‘Could the Sewel Convention scupper Brexit, asks Michael Zander QC.’
New Law Journal, 8th December 2016
Source: www.newlawjournal.co.uk
‘Statutory silences are crucial to both sides. For Ms Miller, Lord Pannick contends that Parliament’s silence in the EU Referendum Act 2015 means that the Executive is not empowered to start the Article 50 process. Mr Eadie for the Government relies on the same silence for the diametrically opposed position.’
UL Constitutional Law Association, 7th December 2016
Source: www.ukconstitutionallaw.org
‘Ukip and its allies will from now on be asked to provide bank guarantees in order to unlock a lucrative tranche of EU funds, the Guardian has learned.’
The Guardian, 9th December 2016
Source: www.guardian.co.uk
‘Theresa May faces a new challenge to her bid to start the process to take Britain out of the European Union after it emerged that opponents plan to launch a fresh legal action on Monday.’
Daily Telegraph, 11th December 2016
Source: www.telegraph.co.uk
‘How will losing passporting rights affect the UK’s financial services sector? Saima Hanif argues that the equivalence regime is not a satisfactory alternative.’
Counsel, December 2016
Source: www.counselmagazine.co.uk
‘The high court has rejected an attempt by the owners of Southern rail to prevent train drivers from taking industrial action.’
The Guardian, 8th December 2016
Source: www.guardian.co.uk
‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’
The Guardian, 8th December 2016
Source: www.guardian.co.uk
‘This is a brief (1200 words brief) summary of the ‘statutory basis’ argument. This post responds directly to the fact that, in the Supreme Court case being heard today, Lord Mance directly asked Mr Eadie QC whether Article 50 had been incorporated. Mr Eadie said that it was not because it did not have ‘direct effect’. It is suggested that the failure to claim Article 50 is in fact part of domestic law was mistaken. A strong argument can be made that triggering Article 50 could be done under an existing statutory power.’
UK Constitutional Law Association, 5th December 2016
Source: www.ukconstitutionallaw.org
‘Theresa May’s plan to implement Brexit without the authorisation of a vote in parliament would be “a contemporary necessity” rather than a misuse of outdated ancient royal powers, the attorney general said at the start of the most keenly awaited constitutional law case in recent memory.’
The Guardian, 5th December 2016
Source: www.guardian.co.uk
‘Drone usage has evolved from primarily military purposes to a variety of commercial and non-commercial uses today. Some estimates put global spending on drones at almost $91 billion over the next decade, making drones one of the most dynamic components of the aerospace sector.’
Technology Law Update, 2nd December 2016
Source: www.technology-law-blog.co.uk
‘The Government’s challenge against the High Court ruling that parliamentary approval is required to start the process of leaving the European Union will be hard tomorrow.’
The Independent, 4th December 2016
Source: www.independent.co.uk
‘Brexiteers and their media allies have declared war on our judiciary. On behalf of the people, the supreme court must push back.’
The Guardian, 5th December 2016
Source: www.guardian.co.uk
‘All 11 of the UK’s most senior judges will take their seats on the supreme court bench on Monday to decide whether parliament or the government has the authority to trigger Brexit.’
The Guardian, 5th December 2016
Source: www.guardian.co.uk
‘Michael Zander QC reviews the written cases of the government & the lead claimants in next week’s Supreme Court hearing.’
New Law Journal, 1st December 2016
Source: www.newlawjournal.co.uk
‘The article 50 supreme court hearings won’t solve our systemic crisis. We need a new way to connect people and state.’
The Guardian, 2nd December 2016
Source: www.guardian.co.uk
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