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Brexit deal doesn’t force UK to follow EU’s carbon market expansion, official says

The following Energy news provides comprehensive and up to date legal information on Brexit deal doesn’t force UK to follow EU’s carbon market expansion, official says

Brexit highlights—15 January 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit highlights—15 January 2021

The Trade and Cooperation Agreement—implications for business tax

The following Public Law news provides comprehensive and up to date legal information on The Trade and Cooperation Agreement—implications for business tax

Comment—EU-UK Trade and Cooperation Agreement’s Northern Irish complexities augur shifting UK supply chains

The following Commercial news provides comprehensive and up to date legal information on Comment—EU-UK Trade and Cooperation Agreement’s Northern Irish complexities augur shifting UK supply chains

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Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Separation of powers—legislative, executive and judiciary

Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689),...

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Practice notes

Direct effect of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Parliamentary supremacy—implied repeal

Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Parliamentary committees

In briefA great deal of the business of Parliament is carried out by committees of MPs or peers working on a specific subject or task. Public bill...

9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan

Practice notes

Sources of constitutional law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Convention rights—structure of qualified rights

The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into...

Produced in partnership with Alexander Campbell of Field Court Chambers 12th Jan

Practice notes

Indirect effect of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

The supremacy of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Adam Cygan of University of Leicester 12th Jan

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan

Scottish Law

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Parliamentary supremacy the enrolled bill rule

It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Most recent Human rights content

Practice notes

Human rights and statutory construction

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Eric Metcalfe of Monckton Chambers 13th Jan

Practice notes

Public authorities under the Human Rights Act 1998

The Human Rights Act 1998 (HRA 1998) requires public authorities not to act in ways which are incompatible with the rights guaranteed by the European...

Produced in partnership with Alexander Campbell of Field Court Chambers 13th Jan

Practice notes

Charter of Fundamental Rights of the EU and European Convention on Human Rights

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Laura Bolado 13th Jan

Brexit

Practice notes

Convention rights—compatibility

Parliamentary statements of compatibilityThe Human Rights Act 1998 (HRA 1998) is designed not only to give people a remedy when their rights under the...

Produced in partnership with Alexander Campbell of Field Court Chambers 13th Jan

Practice notes

Courts as a ‘public authority’ and the horizontal effect of Convention rights

This Practice Note considers the court’s position as a public authority for the purposes of the Human Rights Act 1998 (HRA 1998) and the effect on...

Produced in partnership with Arthur Moore of Hardwicke Chambers 13th Jan

Practice notes

Judicial deference and the margin of appreciation

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Eric Metcalfe of Monckton Chambers 13th Jan

Practice notes

Convention rights

The European Convention on Human Rights (ECHR) was adopted by the Council of Europe in 1950. The ECHR sets out the rights and freedoms which the...

Produced in partnership with Alexander Campbell of Field Court Chambers 13th Jan

Q&As

How will UK equality and human rights law differ post-Brexit?

Starting point―impact of European Union (Withdrawal) Act 2018The starting point for this question is the European Union (Withdrawal) Act 2018 (EU(W)A...

Produced in partnership with Mathias Cheung of Atkin Chambers 8th Jan

Brexit

Practice notes

Dealing with a human rights challenge

The Human Rights Act 1998 (HRA 1998) imposes a duty on all public authorities in the UK to act in a manner that is compatible with rights under the...

Produced in partnership with Eric Metcalfe of Monckton Chambers 8th Jan

Q&As

Where a claim is brought out of time under the Human Rights Act 1998, can the defendant apply for summary judgment or should the question of limitation await trial?

By section 8 of the Human Rights Act 1998 (HRA 1998), a court has the power to award a remedy including, in certain cases, damages, where a public...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Are universities, higher education institutions and/or further education colleges operating in Wales considered public authorities for the purposes of the Human Rights Act 1998?

The Human Rights Act 1998 (HRA 1998) requires public authorities not to act in ways which are incompatible with the rights guaranteed by the European...

Produced in partnership with Christopher McFarland of Sinclairs Law 8th Jan

Practice notes

Convention rights—structure of qualified rights

The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into...

Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan

Practice notes

Convention rights—derogations, reservations and the margin of appreciation

Neither the Human Rights Act 1998 (HRA 1998) nor the European Convention on Human Rights (ECHR) contain express defences for public authorities to...

Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan

Q&As

What does Brexit mean for the Human Rights Act 1998?

Impact of BrexitBrexit will have no automatic impact on the Human Rights Act 1998 (HRA 1998), or the incorporation of the European Convention on Human...

Produced in partnership with Alison Meacher of Hardwicke Chambers 8th Jan

Brexit

Practice notes

Status of Strasbourg case law

Any court or tribunal faced with an issue involving a Convention right is required to 'take into account' any judgment or decision of the European...

Produced in partnership with Eric Metcalfe of Monckton Chambers 8th Jan

Q&As

What is the UK Conformity Assessed product mark and what does it mean for manufacturers selling products in the UK and the EU after Brexit?

This Q&A relates to a new product safety marking for manufacturers to demonstrate that their goods comply with applicable regulations for the UK...

Produced in partnership with Victoria Hewson of Institute of Economic Affairs 8th Jan

Brexit

Practice notes

An introduction to the Human Rights Act 1998

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

24th Dec

Q&As

Can an application to the European Court of Human Rights be issued when the remedies of the national courts have not been exhausted?

Human Rights Act 1998The Human Rights Act 1998 (HRA 1998) incorporated the articles of the European Convention of Human Rights (the Convention) into...

7th Dec

Q&As

What should be included in an application to the European Court of Human Rights (ECtHR)? Is it possible for a third party to intervene in a case before the ECtHR?

For the purposes of this Q&A we have assumed that it is an individual who is making the application to the European Court of Human Rights...

7th Dec

Human rights

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Latest Public Law News

Brexit deal doesn’t force UK to follow EU’s carbon market expansion, official says

Brexit highlights—15 January 2021

The Trade and Cooperation Agreement—implications for business tax

Comment—EU-UK Trade and Cooperation Agreement’s Northern Irish complexities augur shifting UK supply chains

Featured Public Law content

Forming enforceable contracts—intention to create legal relations

Separation of powers—legislative, executive and judiciary

Build Operate Transfer (BOT) contracts

Facilitation payments under the Bribery Act 2010

Most recent Human rights content

Popular documents

Forming enforceable contracts—consideration

Novation—why and how to novate a contract

Burden and standard of proof in criminal proceedings

Acting in concert

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