Category: EC law

Competition Law claims post-Brexit: the issue of applicable law – Blackstone Chambers

Posted December 1st, 2016 in brexit, competition, EC law, news, treaties by sally

‘Once notification is given by the UK Government of its intention to withdraw from the European Union under Article 50 TFEU, EU law will cease to apply in the UK after the expiry of two years (absent an agreement between all 28 Member States extending the relevant period). What then happens to the UK’s competition law regime, which is closely intertwined with EU law, both substantively and procedurally?’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

Islands of jurisdiction for competition damages claims in a post-Brexit world – Blackstone Chambers

Posted December 1st, 2016 in brexit, competition, damages, EC law, jurisdiction, news, treaties by sally

‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

UK surveillance laws reformed in new Investigatory Powers Act – OUT-LAW.com

Posted December 1st, 2016 in data protection, EC law, human rights, intelligence services, internet, investigatory powers, legislation, news, police, privacy, telecommunications by sally

‘UK surveillance laws have been updated with the enactment of the new Investigatory Powers Act.’

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OUT-LAW.com, 30th November 2016

Source: www.out-law.com

What is Article 127 – and why could it be central to Brexit? – Daily Telegraph

Posted November 29th, 2016 in brexit, EC law, news, parliament, referendums, treaties by sally

‘Theresa May has claimed that the Government’s plans for Brexit are “on track”.’

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Daily Telegraph, 28th November 2016

Source: www.telegraph.co.uk

Brexit: Legal battle over UK’s single market membership – BBC News

Posted November 29th, 2016 in appeals, brexit, EC law, export controls, news, referendums, Supreme Court, treaties by sally

‘The government is facing a legal battle over whether the UK stays inside the single market after it has left the EU, the BBC has learned.’

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BBC News, 28th November 2016

Source: www.bbc.co.uk

Ofcom pushes ahead with legal separation of BT from Openreach – Daily Telegraph

Posted November 29th, 2016 in competition, EC law, internet, news, telecommunications by sally

‘Ofcom will order BT to legally separate from its Openreach network after the company failed to address “competition concerns” voluntarily.’

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Daily Telegraph, 29th November 2016

Source: www.telegraph.co.uk

Attacks on Brexit judges are bad for democracy, says former law lord – The Guardian

Posted November 29th, 2016 in brexit, EC law, freedom of expression, judges, judiciary, news, referendums, speeches by sally

‘Harsh personal attacks on judges are bad for democracy and in danger of diminishing the independence of the judiciary, the former deputy president of the supreme court has warned.’

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The Guardian, 28th November 2016

Source: www.guardian.co.uk

Further reforms are needed to strengthen the powers of English MPs, says study – Daily Telegraph

Posted November 28th, 2016 in devolution, EC law, news, parliament, referendums, veto by sally

‘Further reforms are needed to strengthen the powers of English MPs in Westminster, a new study has found.’

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Daily Telegraph, 28th November 2016

Source: www.telegraph.co.uk

UK government faces legal challenge over single market – The Guardian

Posted November 28th, 2016 in brexit, EC law, judicial review, markets, news, referendums by sally

‘Theresa May’s government is facing a fresh legal challenge over whether it should seek to retain membership of the single market after Brexit. Lawyers will argue that June’s referendum asked the public a single question over whether the UK should leave the EU, and did not delve into the more complex issue of economic access.’

Full story

The Guardian, 28th November 2016

Source: www.guardian.co.uk

When the court should look over the shoulder of a decision-maker – UK Human Rights Blog

Posted November 25th, 2016 in EC law, environmental protection, judicial review, news, pollution by sally

‘R (ClientEarth No.2) v Secretary of State for Environment, Food & Rural Affairs, Garnham J, 21 November 2016. A quick follow-up ruling to the judgment of 2 November (here) in which the UK’s air pollution plans under EU and domestic laws were found wanting by the Administrative Court. The pollutant was nitrogen dioxide – a major product of vehicle exhaust fumes.’

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UK Human Rights Blog, 23rd November 2016

Source: www.ukhumanrightsblog.com

Jeff King and Nick Barber: In Defence of Miller – UK Constitutional Law Association

Posted November 22nd, 2016 in constitutional law, constitutional reform, EC law, judgments, news, parliament, referendums, royal prerogative by sally

‘Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of it has been, to put it charitably, less worthy of engagement. In this post we respond to what we view as the strongest arguments against Miller, taking account of the Government’s written case for appeal. We discussed the reasoning used in the case in an earlier post written with Tom Hickman, and will not repeat that explanation here. This post assumes knowledge of that earlier piece, which was written with the lay reader in mind. The present piece, more legally detailed, is necessitated by the quite subtle replies to the argument in that original post and to the judgment in Miller.’

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UK Constitutional Law Association, 22nd November 2016

Source: www.ukconstitutionallaw.org

Supreme Court’s most senior judge urged to stand down from Article 50 legal hearing over wife’s anti-Brexit Twitter posts – Daily Telegraph

Posted November 21st, 2016 in brexit, conflict of interest, EC law, judges, news, recusal, referendums, Supreme Court, treaties by sally

‘The Supreme Court’s most senior judge has been urged to stand down from a crucial legal hearing on Britain’s withdrawal from the European Union after it emerged his wife had posted a series of anti-Brexit tweets.’

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Daily Telegraph, 18th November 2016

Source: www.telegraph.co.uk

Consumers caught out as EU furnishes the UK with crippling copyright laws – The Guardian

Posted November 21st, 2016 in copyright, EC law, news by sally

‘The replica designer furniture market has become a huge industry, but a rushed change to the law has plunged it into chaos.’

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The Guardian, 21st November 2016

Source: www.guardian.co.uk

EU ruling should help clarify legitimacy of online platform bans, says UK competition regulator – OUT-LAW.com

Posted November 18th, 2016 in competition, EC law, electronic commerce, internet, news by sally

‘A case before the EU’s highest court should help clarify whether online platform bans should automatically be considered as breaching competition laws, a UK competition regulator has said.’

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OUT-LAW.com, 17th November 2016

Source: www.out-law.com

European Court backs sex shop owners in licensing fee battle with council – Local Government Lawyer

Posted November 18th, 2016 in EC law, fees, licensing, news, sex establishments by sally

‘Licensing authorities are precluded from requiring applicants for the grant or renewal of authorisation to pay a fee that includes in part the costs of managing and enforcing the relevant scheme, the Court of Justice of the European Union has ruled.’

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Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

Theresa May refuses to say she will defend judges from press attacks ahead of Brexit judgment

Posted November 17th, 2016 in appeals, brexit, EC law, judiciary, media, news, parliament, referendums, Supreme Court by sally

‘Theresa May has refused to say she will defend judges from attacks in the press ahead of a vital judgment on the legal details of of Brexit.’

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The Independent, 16th November 2016

Source: www.independent.co.uk

BREXIT: Hard Brexit will bring £1.2 billion hit to British importers, says study – OUT-LAW.com

Posted November 16th, 2016 in agreements, brexit, competition, EC law, international trade, news, reports, treaties by sally

‘Losing access to the EU’s trade agreements would cost UK importers an extra £1.2 billion a year, according to research conducted on behalf of the Open Britain campaign.’

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OUT-LAW.com, 15th November 2016

Source: www.out-law.com

The Brexit Article 50 Ruling In Plain English – RightsInfo

Posted November 16th, 2016 in appeals, brexit, EC law, news, parliament, royal prerogative, Supreme Court, treaties by sally

‘The High Court has ruled that the UK Government cannot legally begin the process of leaving the EU without first consulting Parliament. What does the decision mean for our rights and what happens next?’

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RightsInfo, 11th November 2016

Source: www.rightsinfo.org

Supreme court judge hints at legal hitch that could seriously delay Brexit process – The Guardian

Posted November 16th, 2016 in brexit, EC law, judges, legislation, news, parliament, referendums, speeches, treaties by sally

‘A supreme court judge has raised the prospect that Theresa May would have to comprehensively replace existing EU legislation before the government could even begin Brexit, in a move that could seriously delay the process.’

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The Guardian, 16th November 2016

Source: www.guardian.co.uk

Parliament notified of Europol opt-in intention – Home Office

Posted November 15th, 2016 in EC law, intelligence services, parliament, police, press releases, regulations, treaties by sally

‘Explanatory memorandum on intention to exercise right to opt into revised Europol framework published.’

Full press release

Home Office, 14th November 2016

Source: www.gov.uk/home-office