How the Retained EU Law Bill could impact the UK’s life sciences sector – OUT-LAW.com

Posted February 20th, 2023 in bills, brexit, EC law, employment, news by tracey

‘While there are concerns about the proposed speed of reform under the Retained EU law bill, divergence from certain aspects of the EU’s legal and regulatory approach to life sciences could place the UK at an advantage and offer opportunities for industry.’

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OUT-LAW.com, 17th February 2023

Source: www.pinsentmasons.com

Home Office accepts court defeat on EU citizens scheme – BBC News

Posted February 17th, 2023 in brexit, citizenship, EC law, government departments, immigration, news by tracey

‘A High Court judgement that regulations affecting more than 2.5m EU citizens living in the UK are unlawful will not be challenged by the government.’

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BBC News, 16th February 2023

Source: www.bbc.co.uk

New Judgment: James Hugh Allister and others and Clifford Peeples v the Secretary of State for Northern Ireland and others [2023] UKSC 5 – UKSC Blog

‘These proceedings challenge the lawfulness of the Northern Ireland Protocol (“the Protocol”), which formed part of the agreement between the United Kingdom (“the UK”) and the European Union (“the EU”) regarding the UK’s exit from the EU. The Protocol was given legal effect by section 7A (“section 7A”) of the European (Withdrawal) Act 2018 (“the 2018 Act”).’

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UKSC Blog, 8th February 2023

Source: ukscblog.com

Does a child born to an EU national exercising free movement rights automatically acquire British citizenship? – EIN Blog

Posted January 25th, 2023 in brexit, children, citizenship, EC law, families, freedom of movement, immigration, news by sally

‘On 20 January 2023, Eyre J (“the judge”) handed down judgment in R (Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin). The judge dismissed the claim. The challenge raised questions of statutory interpretation of the British Nationality Act 1981 (“the BNA 1981”) and the interrelationship between that statutory scheme and the status of EU nationals exercising free movement rights before Brexit. The judgment is likely to have significant consequences for a cohort of individuals claiming British citizenship on the basis of being born in the UK to EU nationals exercising free movement rights.’

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EIN Blog, 24th January 2023

Source: www.ein.org.uk

Naturalisation applications by EU citizens and their family – EIN Blog

Posted December 16th, 2022 in brexit, citizenship, EC law, families, immigration, news by tracey

‘For those who have obtained settlement (indefinite leave to remain) in the UK, the next stage is often to naturalise as a British citizen. Many of those who seek to naturalise are nationals of EU countries, or their family members, who began their residence in the UK prior to Brexit and obtained residence rights on that basis. Issues and uncertainties can arise during a naturalisation application which are specific to EU and EEA citizens, and below we take a look at the most common of these.’

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EIN Blog, 13th December 2022

Source: www.ein.org.uk

Erasure requests: accuracy and images – Panopticon

Posted December 13th, 2022 in data protection, EC law, internet, news by sally

‘The right to be forgotten – remember that? It isn’t often the subject of litigation, in the UK at least: uncertainty about outcomes is probably a significant reason why parties usually opt not to put their disputes before the courts. Last week’s judgment of the Grand Chamber of the CJEU in TU and RE v Google LLC (Case C‑460/20) won’t remove uncertainty about judicial approaches to such cases, but it does shed helpful light on some common elements of disputes under Article 17 (UK) GDPR.’

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Panopticon, 12th December 2022

Source: panopticonblog.com

Colin Murray: A New Period of “Indirect” Direct Rule – The Northern Ireland (Executive Formation etc) Bill – UK Constitutional Law Association

‘Only a few short months on from the passing of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 and legislation is once again before Westminster to amend the Northern Ireland Act 1998 – as everyone knew that it would be. One of the key innovations in the 2022 Act, belatedly giving effect to a proposal in the New Decade, New Approach Agreement of January 2020, was that during its 24-week post-election period Northern Ireland Executive ministers would continue to hold office and take decisions within their remit. This period prevented what Lord Bingham referred to in Robinson as a “persisting vacuum in the conduct of devolved government” (para 15). Its extended duration under the 2022 legislation was intended to provide a sufficient window after an election for a new power sharing administration to be formed, but to keep a count-down to new elections in place to focus Northern Ireland’s major parties towards that end. This arrangement, however, has proven no more effective as an impetus than the terms that it replaced.’

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UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org

Meta seeks government protection from Rees-Mogg’s EU law bonfire – The Guardian

Posted November 25th, 2022 in bills, brexit, company law, EC law, internet, news by tracey

‘Facebook and Instagram have asked for government protection from Jacob Rees-Mogg’s bonfire of up to 4,000 EU laws on post-Brexit statute books. In a letter to a parliamentary committee to be published on Friday, the parent group, Meta, asks that laws underpinning social media firms are either “explicitly maintained elsewhere” or “removed from the scope” of the retained EU law (revocation and reform) bill.’

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The Guardian, 25th November 2022

Source: www.theguardian.com

UK Retained EU Law Bill’s impact on intellectual property – OUT-LAW.com

Posted November 11th, 2022 in bills, brexit, copyright, EC law, intellectual property, news, trade marks by tracey

‘The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.’

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OUT-LAW.com, 10th November 2022

Source: www.pinsentmasons.com

EU law overhaul will have ‘devastating impact’ – Society – Law Society’s Gazette

Posted November 9th, 2022 in bills, brexit, EC law, Law Society, news, rule of law by sally

‘The Retained EU Law (Revocation and Reform) Bill could have a devastating impact on legal certainty in the UK, the Law Society said today as the bill reaches committee stage in the House of Commons.’

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Law Society's Gazette, 8th November 2022

Source: www.lawgazette.co.uk

UK medical devices law reforms delayed till 2024 – OUT-LAW.com

Posted October 31st, 2022 in brexit, delay, EC law, health, medical treatment, medicines, news by tracey

‘New UK medical device regulations are to be brought into force by July 2024 – a year later than originally anticipated, the Medicines and Healthcare products Regulatory Agency (MHRA) has confirmed.’

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OUT-LAW.com, 28th October 2022

Source: www.pinsentmasons.com

Rishi Sunak urged to scrap ‘undemocratic’ proposals to axe 2,400 laws – The Guardian

Posted October 25th, 2022 in bills, brexit, EC law, news, repeals by sally

‘Employers, trade unions, lawyers and environmentalists are calling on Rishi Sunak to scrap Jacob Rees-Mogg’s legislation that would sweep away 2,400 laws derived from the EU.’

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The Guardian, 24th October 2022

Source: www.theguardian.com

Rees-Mogg move to axe 2,400 laws is ‘anti-democratic’, say legal experts – The Guardian

Posted October 24th, 2022 in bills, brexit, EC law, government departments, news, statute law revision by sally

‘Leading lawyers have sounded the alarm over Jacob Rees-Mogg’s proposals for post-Brexit legislation that could result in 2,400 laws disappearing overnight – including a ban on animal testing for cosmetics, workers’ rights and environmental protections.’

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The Guardian, 24th October 2022

Source: www.theguardian.com

New Judgment: Commissioners for His Majesty’s Revenue and Customs v NHS Lothian Health Board (Scotland) 2022 UKSC [28] – UKSC Blog

Posted October 20th, 2022 in burden of proof, EC law, evidence, news, Scotland, standard of proof, Supreme Court, VAT by sally

‘This appeal concerns the correct approach to evidence and the burden and standard of proof in the context of historic claims for the recovery of input Value Added Tax (“VAT”). Input tax is the VAT incurred when the taxpayer buys in supplies which it uses for the purpose of a business activity.’

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UKSC Blog, 19th October 2022

Source: ukscblog.com

Kate Ollerenshaw: More Haste, Less Speed: Sunset Clauses in the Retained EU Law (Revocation and Reform) Bill – UK Constitutional Law Association

Posted October 11th, 2022 in brexit, constitutional law, EC law, news, regulations, statute law revision by tracey

‘There are many points of note for those interested in Constitutional law in the recently published Retained EU Law (Revocation and Reform) Bill 2022 (“the Bill”). This post focuses on the proposal to bind the Government to accomplishing the complex process of assimilating desirable retained EU law into domestic legislation before a stated deadline using the sunsetting provisions in clauses 1 and 3 of the Bill. It asks why sunsetting is needed, suggesting the motivation lies, at least in part, in the Government’s desire to reap the so-called “Brexit dividend” by reducing the burden of regulation from EU-derived measures as quickly as possible. It goes on to question whether the sunset clauses will ultimately assist in that aim.’

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UK Constitutional Law Association, 10th October 2022

Source: ukconstitutionallaw.org

Online platforms face likely Digital Services Act disclosure deadline of February 2023 OUT-LAW.com

Posted September 20th, 2022 in disclosure, EC law, electronic commerce, internet, news, regulations, time limits by tracey

‘Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.’

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OUT-LAW.com, 15th September 2022

Source: www.pinsentmasons.com

The Data Protection and Digital Information Bill: A new UK GDPR? – Local Government Lawyer

Posted September 9th, 2022 in bills, brexit, data protection, EC law, government departments, local government, news by tracey

‘In July the Government published the Data Protection and Digital Information Bill, the next step in its much publicised plans to reform the UK Data Protection regime following Brexit. Ibrahim Hasan sets out the key changes.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Environment Agency told to protect wetlands in landmark court case – The Guardian

‘The high court has ordered the Environment Agency to reduce water abstraction and protect England’s rare wetland habitats, in a landmark case that confirms that European nature conservation laws remain enforceable despite Britain having left the EU.’

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The Guardian, 7th September 2022

Source: www.theguardian.com

Truss risks fresh row with EU over workers’ rights, say legal experts – The Guardian

Posted September 7th, 2022 in brexit, EC law, employment, news, trade unions by sally

‘Liz Truss risks igniting another row with the EU which could lead to tariffs on British exports if she tries to dilute workers’ rights too much, legal experts and union leaders have said.’

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The Guardian, 6th September 2022

Source: www.theguardian.com

Research Briefing: Brexit and the UK’s Overseas Territories – House of Commons Library

Posted August 3rd, 2022 in brexit, colonies, EC law, news, parliament by tracey

‘What’s the significance of the UK’s departure from the EU for the UK’s 14 Overseas Territories, in relation to trade, funding, defence, and sovereignty?’

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House of Commons Library , 1st August 2022

Source: commonslibrary.parliament.uk