Brexit: A new relationship – Counsel
‘Evanna Fruithof, Alexandria Carr and Gordon Nardell QC set out possible models for the UK’s relationship with the EU post-Brexit.’
Counsel, August 2016
Source: www.counselmagazine.co.uk
Category: EC law
Jake Rylatt: The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke – UK Constitutional Law Association
‘With the constitution of a new UK Government formed around a policy of ‘Brexit’, and the creation of the new ministerial position of ‘Secretary of State for Exiting the European Union’, the likelihood that Article 50 will actually be triggered has increased significantly. In addition to the cavalcade of recent posts addressing who is constitutionally empowered to make the Article 50 notification, attention has also been given to the question of whether an Article 50 notification made in conformity with the constitutional requirements of the UK could be subsequently revoked. An interesting argument raised by Charles Streeten is that ‘an Article 50 notification can be withdrawn unilaterally at any point prior to the expiry of the two year guillotine imposed by Article 50’. This post responds by challenging this argument on two grounds, arguing that ultimately a Member State cannot unilaterally revoke an Article 50 notification once it is made. It will do so by firstly outlining the argument made by Streeten, before explaining its difficulties and attempting to clarify the legal position. In concluding, it will be argued that the decision to trigger Article 50 is one that should be taken with the greatest care; relying upon technical legal arguments to provide a safety net risks creating further uncertainty and undermining the position of the UK in subsequent negotiations.’
UK Constitutional Law Association, 27th July 2016
Source: www.ukconstitutionallaw.org
Workers’ rights must not be bartered away in Brexit negotiations – The Guardian
‘Unions warned workers might pay the price for leaving the EU. The government must not invoke article 50 until it has negotiated a secure future for them ‘
The Guardian, 26th July 2016
Source: www.guardian.co.uk
Hate crime guidance for prosecutors to deal with social media – Law Society’s Gazette
‘Social media communications will be the subject of new guidance issued to prosecutors as part of the government’s action plan to tackle hate crime following an increase in the number of incidents.’
Law Society’s Gazette, 26th July 2016
Source: www.lawgazette.co.uk
Hate crime: Prosecutors told to push for tougher sentences – BBC News
‘Prosecutors will be urged to push for tougher sentences for people committing hate crimes, following a rise in incidents after the EU referendum.’
BBC News, 24th July 2016
Source: www.bbc.co.uk
Finance & Divorce Update, July 2016 – Family Law week
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.’
Family Law Week, 15th July 2016
Source: www.familylawweek.co.uk
Brexit and UK company law – OUP Blog
‘Most discussion relating to the referendum result has focussed on the effect that Brexit will have upon our constitutional arrangements or workers’ rights. This blog post will focus on the effect that Brexit will have upon the UK system of company law. Unfortunately, the current uncertainty regarding the terms on which the UK will leave the EU (if indeed it does) means that a definitive answer cannot be provided, but several principal possibilities can be advanced.’
OUP Blog, 19th July 2016
Source: www.blog.oup.com
Software can be considered as ‘goods’ for the purpose of commercial agent regulations, says High Court – OUT-LAW.com
‘Software suppliers can be forced to pay damages to self-employed intermediaries they contract with to promote their products under UK commercial agents regulations, according to a recent High Court ruling.’
OUT-LAW.com, 15th July 2016
Source: www.out-law.com
Brexit and Mrs Webb: Return of the sick man versus pregnant woman? – Cloisters
‘The EU widened the scope of protection against gender discrimination considerably. Advancements have included protection relating to equal pay, paid time off for antenatal appointments, pregnancy discrimination, parental leave and urgent time off for family reasons, paid maternity leave and the right to equal treatment for part-time, fixed-term and agency workers.’
Cloisters, 22nd June 2016
Source: www.cloisters.com
Expanding the Frontiers of Indirect Discrimination: Disadvantage and Associative Discrimination – Littleton Chambers
‘This paper address recent developments where the courts have considered the fundamental concepts of discrimination law and, the case law has both expanded the frontiers of discrimination whilst at the same time created some difficult hurdles for Claimants. The issues can best be considered by way of a factual example, which is set out below, and which will be considered at each stage of the paper.’
Littleton Chambers, 7th June 2016
Source: www.littletonchambers.com
Anthony Korn Examines the Potential Implications of Brexit on Employment Law – No. 5 Chambers
‘One area of law where Brexit may have an impact is employment law.’
No. 5 Chambers, 1st July 2016
Source: www.no5.com
Brexit: What should EEA and EU nationals and their family members do now? – Free Movement
‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’
Free Movement, 12th July 2016
Source: www.freemovement.org.uk
Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association
‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’
UK Constitutional Law Association, July 2016
Source: www.ukconstitutionallaw.org
Robert Craig: Triggering Article 50 Does not Require Fresh Legislation – UK Constitutional Law Association
‘Considerable public interest has recently been focused on the ‘trigger’ mechanism for exit from the EU which is set out in Article 50 of the Lisbon Treaty. Expert opinion has divided between those who believe that the power to trigger Article 50 rests with the Executive using the legal authority of the royal prerogative from the Crown with no further parliamentary involvement necessary and those who argue that fresh legislation is required to confer statutory authorisation on the Executive to do something which could render nugatory rights under the European Communities Act 1972 (‘ECA’). An ingenious third way involving section 2(2) of the ECA has also been suggested.’
UK Constitutional Law Association, 8th July 2016
Source: www.ukconstitutionallaw.org
First legal attempt to prevent Brexit set for preliminary hearing – The Guardian
‘The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard later this month.’
The Guardian, 8th July 2016
Source: www.guardian.co.uk
Thomas Fairclough: Article 50 and the Royal Prerogative – UK Constitutional Law Association
‘This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 TEU and through the notifying of the European Council of such a decision trigger the two year time limited formal withdrawal negotiations? Nick Barber, Tom Hickman, and Jeff King have argued valiantly that it will be Parliament who has to “pull the Article 50 trigger”. This piece will analyse their arguments and suggest that, contrary to their conclusions, it is the Government, under the Royal Prerogative, that has legal authority to start the Article 50 process.’
UK Constitutional Law Association, 8th July 2016
Source: www.ukconstitutionallaw.org
Jonathan Morgan: A Brexit General Election? – UK Constitutional Law Association
‘Alea jacta est said Caesar, having crossed the Rubicon and burned his bridges. The Brexit referendum appears equally momentous and irreversible. But is it? There have been calls for Parliament simply to ignore the outcome. A fresh general election should be called to resolve the mounting constitutional crisis.’
UK Constitutional Law Association, 9th July 2016
Source: www.ukconstitutionallaw.org
