The following Immigration practice note produced in partnership with Graham Denholm of Landmark Chambers provides comprehensive and up to date legal information covering:
This is the first of two linked Practice Notes covering the rights of residence agreed in the Withdrawal Agreement between the UK and the EU issued on 17 October 2019. These are the minimum, guaranteed rights of residence that will apply to EU27 citizens in the UK, and British citizens in any EU27 Member State—and their third-country national family members—who are present in the respective state prior to the end of the Brexit transition period, and who fall within the personal scope of the Withdrawal Agreement.
The citizens’ rights provisions of the Withdrawal Agreement are contained in Part Two, which is structured as follows:
Title I: General Provisions
Title II: Rights and Obligations
Chapter 1: Rights related to residence, residence documents
Chapter 2: Rights of workers and self-employed persons
Chapter 3: Professional qualifications
Title III: Coordination of social security systems
Title IV: Other Provisions
This Practice Note looks at:
key general principles contained within the Withdrawal Agreement (including applicable law and the role of European Union (EU) Court of Justice (CJEU))
enforcement/monitoring bodies, and
issues related to citizens’ residence rights (including rights of workers and self-employed persons, and professional qualifications).
The Practice Note: Citizens’ rights of residence in the withdrawal agreement—scope, rights and redress looks at:
who comes within scope of the Withdrawal Agreement, including definitions of family members
what will be the conditions for the continuing
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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