36 results
Appendix EU Zambrano Applications by those with Limited Leave to Remain
New Video: Appendix EU Zambrano Applications by those with Limited Leave to Remain In this video I consider the recent case of Akinsanya, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021) which found the definition of ‘a person with a more...
Deadlines for EU Settlement Scheme Applications and Late Applications
Video Update: Deadlines for EU Settlement Scheme Applications and Late Applications In this video I look at the deadlines for applications under Appendix EU and the provisions for late applications. I summarise the Home Office guidance on how they will deal with late applications. Resources referred more...
14 Jan 2021 11:05
Article 3 psychiatric cases: history and latest developments (Part 1) — Ruby PeacockIn this two-part article, Ruby Peacock, an aspiring barrister and currently a legal and policy intern at the Legal Resources Centre in Cape Town, examines the history of medical claims brought under Article 3 of the European Convention on Human Rights. The first part analyses the history of how such more...
15 Apr 2019 11:22
The Catt that got the cream - retention of data concerning peaceful protestor was an unlawful interference with article 8In Catt v United Kingdom [2019] ECHR 76, the European Court departed from and disagreed with the Supreme Court, holding that the police's collection and retention of data of a peaceful protestor was an unlawful interference with article 8 of the Convention. Mr Catt was a 94-year-old man from more...
4 Apr 2019 13:15
The effects of EU Withdrawal for Commercial LawyersThe United Kingdom’s withdrawal from the European Union is brought into effect at a domestic level by the European Union (Withdrawal) Act 2018 (“the Act”). As has been extensively reported, the Act and the subordinate legislation that it will give rise to, constitute the single largest legislative more...
27 Mar 2019 09:54
Employment Appeal Tribunal gives first judgment on European Works CouncilsIn what could potentially be the last days of the UK as a member of the EU, the EAT has recently published its first judgment on the workings of European Works Councils (EWCs) – Lean v ManpowerGroup UKEAT/0096/18/DA. EWCs are information and consultation bodies representing employees in European more...
25 Mar 2019 16:18
Reflections of an intern: Awaiting landmark decision in UK Supreme Court case on parent company liabilityBackground On 15–16 of January 2019, the UK Supreme Court heard an appeal in the case of Vedanta Resources PLC and another v Lungowe and others. The case dates back to September 2015, when approximately 2,000 Zambian villagers brought a negligence claim against Vedanta Resources Plc (Vedanta) and more...
20 Mar 2019 09:43
UK Human Rights Blog: No Deal Brexit may be unlawfulLeaving the EU without a deal on 29 March 2019 is not the “legal default”, as has been repeatedly, but wrongly, asserted. It would, in fact, be in violation of the supreme law at both the domestic and supranational level, namely the UK constitution and EU Treaties (or more broadly, the General more...
13 Mar 2019 09:23
What is retained EU law?This Q&A, produced by Mathias Cheung in partnership with LexisNexis, outlines the scope and meaning of retained EU law (including retained legislation, principles and case law) under the European Union (Withdrawal) Act 2018. It also considers the key exclusions and relevant transitional provisions. more...
11 Mar 2019 09:46
UK Human Rights Blog: Judicial review is not “politics by another means”Wilson and others v R (on the application of ) v the Prime Minister [2019] EWCA Civ 304 The Court of Appeal has turned down an appeal against an application seeking judicial review of May’s triggering of Article 50 under the power granted to her by the European Union (Notification of Withdrawal) Act more...
6 Mar 2019 14:41
Is Brexit a breach of the UK’s BITs?The right to fair and equitable treatment (FET) by a host state is one of the most widely invoked standards of investment protection. The principle derives from customary international law and is a common feature of bilateral investment treaties (BITs), found at Article 2(2) of the UK’s Model BIT. more...
19 Feb 2019 11:07
Brexit worries drain confidence in EU reference procedureIn a legal first, Brexit prevents High Court from clarifying if it has jurisdiction in a human rights claim against the EU. The Kosovo victims of serious human rights abuses from two decades ago bring damages claims against the EU. On 13 February 2019 the High Court in the case of Tomanovic v EU more...
19 Feb 2019 09:04
Animal transport: where are we now with EU law?MAS Group Holdings Ltd and others, R (on the application of) v Barco De Vapor B.V. and others [2019] EWHC 158 (Admin), 4 February 2019 As a matter of policy, the UK government is committed to improving the welfare of all animals, or so we are given to understand. In this little-covered ruling, we more...
18 Feb 2019 11:07
Brexit round up – Week commencing 11 February 2019Matrix’s Legal Support Service provides a round-up of Brexit-related links and news. The UK’s post-Brexit deal with the EU Defence Secretary Gavin Williamson is to say that Brexit gives Britain the chance to increase its military standing around the world and ‘enhance our lethality’. Three former more...
12 Feb 2019 16:21
Aggregates Levy State Aid Appeals Withdrawn after hearing but before judgmentA Complex dispute concerning the Aggregates Levy has now been concluded after over 14 years of litigation in the European and domestic courts. Three separate but linked appeals to the General Court have been withdrawn after hearings in Luxemburg but before Judgments were handed down. The Aggregates more...
7 Feb 2019 16:51
The Court of Justice of the European Union hears intercountry adoption caseCounsel at No5 Barristers’ Chambers have appeared at the Court of Justice of the European Union in an intercountry adoption appeal. The child, ‘SM’, was adopted under the Algerian ‘Kefalah’ system by her French national legal guardians, who live in the UK as EEA nationals. The issue was whether SM more...
4 Feb 2019 12:38
A criminal record, or a clean slate?The Supreme Court has upheld challenges to the legal regimes for disclosing criminal records in England and Wales, and Northern Ireland, finding them to be incompatible with Article 8 of the European Convention on Human Rights (“ECHR”). R (P, G and W) and Anor v Secretary of State for the Home more...
31 Jan 2019 15:23
Environmental Principles and Governance after the United Kingdom leaves the European UnionWhilst land-use planning in England is the responsibility of the Ministry for Housing, Communities and Local Government (MHCLG) much environmental regulation is the responsibility of the Department for the Environment and Rural Affairs (DEFRA). In 2018, DEFRA published ‘A Green Future: Our 25 Year more...
31 Jan 2019 08:55
Supreme Court rules miscarriage of justice compensation law does not breach ECHR3PB barrister Mathew Gullick was junior counsel for the Justice Secretary in The Queen (on the applications of Hallam and Nealon) v Secretary of State for Justice [2019] UKSC 2 in which the Supreme Court, by a 5-2 majority, has ruled that the definition of “miscarriage of justice” in section 133(1ZA more...
30 Jan 2019 14:14
SUPREME COURT HOLDS THAT TWO CATEGORIES IN THE STATUTORY SCHEMES FOR CONVICTION DISCLOSURE BREACH ECHR, ART 8In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland); R (P, G & W) v Secretary of State for the Home Department; R (P) v Secretary of State for the Home Department [2019] UKSC 3 Related Member(s): Hugh Southey QC, Nick Armstrong, Tim Owen QC Related Practice more...
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