Public Law Weekly highlights—26 September 2019

Published on: 26 September 2019

Published by: LexisPSL

Public Law Weekly highlights—26 September 2019
In this issue:
Brexit headlines
Supreme Court rules prorogation of Parliament unlawful, void and of no effect (R (on the application of Miller) v The PM and Joanna Cherry QC MP v The AG for Scotland)
Scottish government requests £52m from UK government to prepare for no-deal Brexit
Over half of employers unaware of government’s post-Brexit immigration plans
EU referendum loan investigation finds no evidence of criminal offences
UK and Japan sign and exchange of letters on mutual recognition
UK and Lebanon agree trade continuity deal
Trading with the UK as an EU business—no-deal Brexit guidance from HMRC

More...

Moving goods through ports—no-deal Brexit guidance from HMRC
How to move goods through RORO locations—no-deal Brexit guidance from the Department for Transport
New documents to transport goods into the EU—no-deal Brexit guidance for commercial drivers
UK aid organisations and suppliers—no-deal Brexit guidance from the Department for International Development
Avoiding risk and disruption—no-deal Brexit guidance for healthcare providers
Right to rent checks—no-deal Brexit guidance from the Home Office
Design and trade mark law—no-deal Brexit guidance from the Intellectual Property Office
Trade mark law—updated no-deal Brexit guidance from the Intellectual Property Office and the Department for Business, Innovation & Skills
Recognition and enforcement of UK judgments in France post no-deal Brexit
How will no-deal Brexit affect real estate transactions?
Brexit legislation
HMRC urged to halt preferential creditor status in insolvencies
Brexit SIs
International Driving Permits (Fees) (EU Exit) (Revocation) Regulations 2019
Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) (No 2) Regulations 2019
Constitutional and administrative law
Committee report suggests powers to scrutinise all Scottish referendums
Guidance on Northern Ireland devolution settlement updated
EU law
Court of Justice refuses UK High Court's request for preliminary ruling on SPC applications based on third-party MAs, on account of referred question being ‘hypothetical’ (Eli Lilly v Genentech)
Decision on the proposed citizens' initiative entitled ‘Stop corruption in Europe at its root, by cutting off funds to countries with inefficient judiciary after deadline’ published in the Official Journal
Judicial review
Court of Appeal confirms Electoral Commission’s interpretation on referendum expenses legislation (R (on the application of the Good Law Project) v Electoral Commission)
Crown Proceedings Act 1947—new list of authorised government departments and names and addresses for service
Equality and human rights
Court rejects Article 3 ECHR claim in delayed treatment case (Watling v Chief Constable of Suffolk Constabulary)
Employment tribunal holds that vegetarianism is not a protected characteristic (Conisbee v Crossley Farms)
State aid
State aid (General Court): Slovak chemical company’s appeal against Commission decision ordering it to repay unlawful aid dismissed
State aid (General Court): Appeals against the Commission’s decision on tax ruling granted to Starbucks by the Netherlands upheld
State aid (General Court): Appeals against the Commission’s decision on tax ruling granted to Fiat by Luxembourg dismissed
State aid (General Court): Appeals against Belgium corporate tax exemption for ports dismissed
State aid (General Court): FVE’s appeal against approval of Czech aid scheme for renewable energy dismissed
State aid (General Court): Commission decision annulled in relation to restructuring aid to Danish banking group FIH
Public procurement
Freight procurement framework launched to aid transport of critical goods post-Brexit
Projects and infrastructure
The Crown Estate reveals next round of Offshore Wind Leasing
Information law
House of Commons report offers recommendations to improve government’s use of data
Private eyes—facial recognition technology in quasi-public spaces
Other public law updates
Regulations governing accessibility of public sector websites to come into force
Daily and weekly news alerts
Dates for your diary
Trackers
Useful information

Article summary

This week's edition of Public Law Weekly highlights includes selected Brexit headlines and legislation updates including analysis of the Supreme Court’s landmark ruling on the prorogation of Parliament, Scotland’s request for £52m to prepare for Brexit, UK contingency deals with Japan and Lebanon, further no-deal Brexit guidance for a variety of sectors, plus all the latest Brexit SIs. Also in this edition, a report on Scotland’s power to scrutinise major referendums, analysis of facial recognition technology in quasi-public places, recommendations to improve government’s use of data, and updates on regulations governing accessibility of public sector websites coming into force. Case analysis this week includes the latest State aid decisions, a human rights challenge concerning delayed hospital treatment, and Employment Tribunal decision holding that vegetarianism is not a protected characteristic, a Court of Justice decision rejecting a preliminary reference on a ‘hypothetical’ question and a Court of Appeal decision considering the correct interpretation of referendum expenses legislation. Sign in or take a trial to read the full analysis.