Appeal judge dismisses challenge to removal of climate change levy exemption – OUT-LAW.com

‘A legal challenge to the government’s decision to end the climate change levy (CCL) exemption for renewable source electricity with only 24 days’ notice has been dismissed by the Court of Appeal.’

Full story

OUT-LAW.com, 26th October 2016

Source: www.out-law.com

Subsidy withdrawal from renewable energy entirely lawful – Court of Appeal – UK Human Rights Blog

‘In July 2015 the government announced that it was removing a subsidy for renewable energy. Its decision in fact was to take away the exemption that renewable source electricity enjoyed from a tax known as the climate change levy. We have covered previous episodes in the renewables saga on the UKHRB in various posts.’

Full story

UK Human Rights Blog, 26th October 2016

Source: www.ukhumanrightsblog.com

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union – UK Constitutional Law Association

Posted October 21st, 2016 in constitutional law, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This post provides a report of the day’s proceedings. The two further days are scheduled for Monday and Tuesday next week.’

Full story

UK Constitutional Law Association, 14th October 2016

Source: www.ukconstitutionallaw.org

Post Brexit Hate Crimes – Halsbury’s Law Exchange

Posted October 21st, 2016 in brexit, EC law, hate crime, news, racism, referendums by sally

‘As the party faithful gathered in Birmingham earlier this month, one Tory MP wasn’t going to take any lessons from a Strasbourg-based watchdog over their concerns about a rise in post-Brexit hate crime in the UK. Peter Bone had done his own research. “I did not come across a single racist person in the thousands of miles I travelled during the referendum campaign,” he told The Daily Mail.’

Full story

Halsbury’s Law Exchange, 20th October 2016

Source: www.halsburyslawexchange.co.uk

Parliament ‘very likely’ to be asked to agree Brexit deal – The Guardian

Posted October 19th, 2016 in brexit, EC law, news, parliament, treaties by sally

‘Parliament is “very likely” to be asked to ratify any future treaty agreement with the European Union, the high court has been told by lawyers for the government.’

Full story

The Guardian, 18th October 2016

Source: www.guardian.co.uk

Hundreds of UK lawyers register in Ireland in Brexit insurance move – The Guardian

Posted October 18th, 2016 in brexit, courts, EC law, Ireland, legal profession, news, rights of audience, solicitors by sally

‘More than 700 British solicitors have applied to register with the Law Society of Ireland this year as lawyers scramble to secure professional rights of audience in European courts.’

Full story

The Guardian, 17th October 2016

Source: www.guardian.co.uk

Brexit case ‘of fundamental constitutional importance’ – BBC News

‘The need for Parliament to give its approval before the Brexit process starts is of huge “constitutional importance”, the High Court has heard.’

Full story

BBC News, 13th October 2016

Source: www.bbc.co.uk

Hate crimes soared after EU referendum, Home Office figures confirm – The Guardian

Posted October 14th, 2016 in EC law, hate crime, news, referendums, statistics by sally

‘The number of hate crimes leaped by 41% in the month after the vote to leave the European Union, new Home Office statistics confirm.’

Full story

The Guardian, 13th October 2016

Source: www.guardian.co.uk

Court battle looms over Brexit legality – The Guardian

‘Scores of QCs and lawyers will cram into court four on Thursday, the largest in London’s Royal Courts of Justice, to hear two and a half days of argument that could decide how – or conceivably even whether – the UK leaves the EU.’

Full story

The Guardian, 13th October 2016

Source: www.guardian.co.uk

Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis? – UK Constitutional Law Association

‘On October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the next Queen’s Speech. There is very little detail currently available, but it appears this Bill is intended to remove the European Communities Act (ECA) 1972 from the statute book following completion of the Brexit negotiations. It would also incorporate current applicable EU law into an Act of Parliament and then allow the government to decide if/when to repeal, amend or retain individual measures in the future, following Brexit.’

Full story

UK Constitutional Law Association, 10th October 2016

Source: www.ukconstitutionallaw.org

A provider of free Wi-Fi can be ordered to impose controls to stop copyright infringement – Technology Law Update

Posted October 10th, 2016 in copyright, EC law, internet, news by sally

‘A case brought by Sony Music over illegal music downloads using a free WiFi service has led to a surprisingly restrictive conclusion from the EU court. The court ruled that a Berlin business-owner Tobias McFadden, who provided an unprotected free Wi-Fi network to the public,

– is not responsible for copyright infringement by a user of the WiFi, but
– can be required to take steps to control misuse of the service and ordered to pay associated costs.’

Full story

Technology Law Update, 7th October 2016

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

New Bingham Centre for the Rule of Law Briefing Paper: ‘Parliament and the Rule of Law in the Context of Brexit’ – UK Constitutional Law Association

‘The Bingham Centre for the Rule of Law published a new Briefing Paper on 29 September 2016. Titled “Parliament and the Rule of Law in the Context of Brexit”, it aims to inform the work of Parliament by setting out preliminary rule of law issues relating to Brexit.’

Full paper

UK Constitutional Law Association, 5th October 2016

Source: www.ukconstitutionallaw.org

Duplication in inquests – UK Human Rights Blog

Posted October 7th, 2016 in aircraft, disclosure, EC law, inquests, news by sally

‘The Divisional Court in R(Secretary of State) v Her Majesty’s Chief Coroner for Norfolk (British Airline Pilots intervening) made some potentially noteworthy comments regarding the coronial role and the need to avoid duplicating previous investigations.’

Full story

UK Human Rights Blog, 7th October 2016

Source: www.ukhumanrightsblog.com

What is the Great Repeal Bill? The Brexit law to end all EU laws (that we don’t like) – The Independent

Posted October 4th, 2016 in bills, brexit, constitutional reform, EC law, legislation, news, repeals by sally

‘The historic proposal aims to end the European Union’s legal supremacy in the UK by converting all EU requirements into British law as soon as Britain exits the bloc.’

Full story

The Independent, 3rd October 2016

Source: www.independent.co.uk

Air quality law in the United Kingdom at a crossroads – OUP Blog

Posted October 3rd, 2016 in EC law, environmental protection, news, pollution by sally

‘UK air quality law now finds itself at a crossroads. Air quality law is a well-established area of environmental law, having been at the vanguard of much of it. It is a well-established area across multiple levels of governance, with local and national regulation in the UK operating against a backdrop of binding EU standards and an international law framework for transboundary air pollution (the 1979 Geneva Convention on Long-Range Transboundary Air Pollution (CLRTAP)). This multilevel body of law highlights that air pollution is a problem that has many sources – local, transboundary, stationary, mobile, manmade, natural – which act and interact via complex pollution pathways, leading to a range of regulatory responses within and beyond jurisdictional boundaries.’

Full story

OUP Blog, 3rd October 2016

Source: www.blog.oup.com

Arguments in the referendum challenge now available – UK Human Rights Blog

Posted October 3rd, 2016 in brexit, devolution, EC law, news, prerogative powers, referendums, treaties by sally

‘The imminent litigation concerning the government’s response to the Brexit vote is much anticipated. The skeleton arguments have now been filed. The High Court has just resisted an application for partial redaction of the arguments, so they are open for public perusal.’

Full story

UK Human Rights Blog, 29th September 2016

Source: www.ukhumanrightsblog.com

Attorney General to defend Brexit legal challenge – Attorney General’s Office

Posted September 29th, 2016 in attorney general, brexit, EC law, press releases, referendums, trials by sally

‘The Attorney General Jeremy Wright QC MP, James Eadie QC, Jason Coppel QC, Tom Cross and Christopher Knight have been named as the counsel who will ask the High Court to reject a claim that legal obstacles stand in the way of Government giving effect to the referendum result and triggering Article 50.’

Full press reelase

Attorney General’s Office, 28th September 2016

Source: www.gov.uk/ago

Government forced to release ‘secret arguments’ for triggering Article 50 ahead of anti-Brexit legal challenge – The Independent

Posted September 29th, 2016 in brexit, constitutional reform, disclosure, documents, EC law, news, parliament, referendums by sally

‘A legal bid challenging Brexit has secured its first major success ahead of a High Court hearing. A senior judge has ordered the Government to reveal ‘secret’ legal arguments which it says means parliament does not have to be consulted on when to trigger Article 50. The decision has been heralded a major victory as a series of legal challenges trying to block Brexit are beginning.’

Full story

The Independent, 28th September 2016

Source: www.independent.co.uk

Regulatory focus on data access restrictions could impact Uber, retailers, insurers and car manufacturers, says expert – OUT-LAW.com

Posted September 27th, 2016 in competition, data protection, EC law, financial regulation, insurance, news, privacy by sally

‘Retailers, insurers, car manufacturers and the fast-growing software company Uber are among the businesses that should take note of the increased regulatory scrutiny being placed on restrictions of access to data.’

Full story

OUT-LAW.com, 26th September 2016

Source: www.out-look.com

BREXIT: What now for the Bar? – Counsel

Posted September 26th, 2016 in barristers, brexit, EC law, legal services, news, referendums by sally

‘Evanna Fruithof outlines Brexit’s implications for barristers across practice area.’

Full story

Counsel, October 2016

Source: www.counselmagazine.co.uk