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Latest Public Law News

EU-US Privacy Shield data transfer problem caused by Schrems II won’t be solved ‘overnight’, EU negotiator warns

The following Commercial news provides comprehensive and up to date legal information on EU-US Privacy Shield data transfer problem caused by Schrems II won’t be solved ‘overnight’, EU negotiator warns

Brexit highlights—30 April 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit highlights—30 April 2021

Landmark dismissal of £1.5bn claim by the Kingdom of Denmark (Skatteforvaltningen (Danish Customs and Tax Administration) v Solo Capital Partners LLP (in special administration)

Brexit SI Bulletin—latest drafts and sifting committee reports, 30 April 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit SI Bulletin—latest drafts and sifting committee reports, 30 April 2021

Featured Public Law content

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 EU law content

Practice notes

Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the...

5th May

Brexit

Practice notes

The supremacy of EU law

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 Adam Cygan of University of Leicester 5th May

Practice notes

Interpretation of EU Legislation

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 Adam Cygan of University of Leicester 5th May

Practice notes

Retained EU law—quick guide

Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended, in connection with Brexit, creating a...

4th May

Practice notes

UK and EU cross-border law enforcement and criminal justice co-operation under the TCA

On 24 December 2020, the UK and EU agreed in principle the EU-UK Trade and Cooperation Agreement (TCA), which was signed by the Presidents of the...

4th May

Practice notes

International trade hub

With the government's continued focus on enhancing the UK's position as an independent trading nation, we have published a range of analysis...

4th May

Brexit

Practice notes

Brexit timeline

On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29 March 2017,...

4th May

Brexit

Practice notes

EU-UK Trade and Cooperation Agreement—quick guide

On 24 December 2020, the European Commission and UK government announced an agreement in principle on the legal terms of the future UK-EU...

30th Apr

Practice notes

Brexit transition hub

STOP PRESS: On 24 December 2020, the European Commission and UK government announced an agreement in principle on the legal terms of the future UK-EU...

30th Apr

Brexit

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and concepts with reference to the...

Produced in partnership with Dr. Kieran Laird of Gowling WLG 29th Apr

Brexit

Practice notes

Structure and functions of EU institutions and bodies

The EU’s unique institutional frameworkThe European Union is a supranational polity, and is neither a country nor a federation like the United States...

29th Apr

Brexit

Practice notes

Implications of infringement of EU law

Any infringement of EU law by a Member State will impair the effectiveness of EU law. Moreover, infringements will also have consequences for the...

Produced in partnership with Adam Cygan of University of Leicester 28th Apr

Practice notes

Introduction to the Court of Justice of the European Union

Judicial bodies of the Court of Justice of the European UnionThe Court of Justice of the European Union (sometimes referred to as the CJEU) consists...

Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London 27th Apr

Brexit

Q&As

To what extent are references in contracts to UK legislation and EU legislation affected by the European Union (Withdrawal) Act 2018?

Where a contract contains a reference to legislation, the question may arise as to which version of the legislation is meant. The default position is...

Produced in partnership with Eleonor Duhs of Fieldfisher and Indira Rao MBE of Counsel for EU and International Law, House of Commons 27th Apr

Practice notes

Direct effect of EU law

What is direct effect of EU law?The doctrine of direct effect is a fundamental principle of EU law developed by the Court of Justice of the European...

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 26th Apr

Brexit

Practice notes

Challenging EU Directives

In briefAccording to settled case law, the Court of Justice of the European Union has the exclusive competence to declare an act of the EU...

Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London 26th Apr

Practice notes

Remedies for breach of EU law

In addition to the means of enforcement of EU law available to the EU institutions under the EU infringement procedure, including the referral to the...

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 26th Apr

Practice notes

EU internal competence

The limits of EU competencesThe limits of EU competences are governed by the principle of conferral (also known as principle of attributed powers)....

Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London 26th Apr

Q&As