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Practice notes
What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public...
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Produced in partnership with Carl Gardner 19th May
Practice notes
The supremacy of EU lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Q&As
What is Wednesbury unreasonableness?Public authorities generallyPublic authorities are constrained in their actions as they are required to act in...
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19th May
Practice notes
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...
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Produced in partnership with Alexander Campbell of Field Court Chambers 19th May
Practice notes
Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May
Practice notes
Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Practice notes
Judicial review time limits—extensions and urgent casesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May
Q&As
What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 19th May
Practice notes
Costs for judicial review—general principlesGeneral rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May
Practice notes
Structure and functions of EU institutions and bodiesThe EU’s unique institutional frameworkThe European Union is a supranational polity, and is...
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19th May
Practice notes
Judicial review—what it is and when it can be used—Scotland [Archived]ARCHIVED: This Practice Note has been archived is not maintained. For...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 19th May
Practice notes
Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May
Practice notes
Parliamentary supremacy—implied repealIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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Produced in partnership with Carl Gardner 19th May
Practice notes
Parliamentary supremacy the enrolled bill ruleIt is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even...
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Produced in partnership with Carl Gardner 19th May
Practice notes
Introduction to retained EU lawThis Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and...
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Produced in partnership with Dr. Kieran Laird of Gowling WLG 19th May

Most recent Brexit content

Q&As
Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?As of exit day (11pm on 31 January 2020) the...
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5th Jun
Q&As
What are Francovich damages and how does Brexit impact the right to claim?Damages may be available from an EU Member State if it is found to have...
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5th Jun
Q&As
What is the status of EU directives in the context of retained EU law? Are there any circumstances where EU directives or provisions of directives...
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Produced in partnership with Michael Bimmler of No 5 Chambers 5th Jun
Q&As
How does a deal/no deal outcome at the end of the Brexit transition period impact the Northern Ireland Protocol?The Northern Ireland Protocol (the...
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5th Jun
Q&As
In the context of Brexit, what is meant by the ‘transition or implementation period’?The term ‘transition or implementation period’ is used in the...
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5th Jun
Q&As
What does Brexit mean for the .eu top level domain name?The .eu is the generic top level domain for the EU, governed by Regulation (EC) 733/2002....
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5th Jun
Q&As
To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not...
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5th Jun
Q&As
What is the legal position where there is an inconsistency between the Withdrawal Agreement and domestic legislation?What is the relationship between...
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5th Jun
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...
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Produced in partnership with Eleonor Duhs of Fieldfisher and Indira Rao MBE of Counsel for EU and International Law, House of Commons 5th Jun
Q&As
What is prorogation of Parliament?What is prorogation of Parliament?Prorogation is an act which marks the end of a parliamentary session without the...
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5th Jun
Q&As
What is the sifting process for Brexit legislation?Under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), before certain proposed statutory...
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5th Jun
Q&As
How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?This answer refers...
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Produced in partnership with Eleonor Duhs of Fieldfisher and Louise Laing of Brodies LLP, FieldfisherCounsel for EU and International Law, House of Commons 5th Jun
Q&As
How is prorogation of Parliament relevant to Brexit?What is prorogation of Parliament?Prorogation is an act which marks the end of a parliamentary...
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5th Jun
Q&As
What are the rules on the interpretation of ambulatory and non-ambulatory references to EU-derived legislation in UK legislation post-Brexit?This Q&A...
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5th Jun
Q&As
If a grant agreement concluded before the end of the transition period is deemed to be de-minimis aid under the current State aid regime, can the...
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Produced in partnership with Fergus Randolph QC of Brick Court Chambers 5th Jun
Q&As
Where can I find the Brexit legislation concerning product certification/conformity (eg CE marking) and the extent to which products will be...
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5th Jun
Q&As
What is retained case law and to what extent are UK courts and tribunals bound/able to follow it?Retained case law is defined in section 6(7) of the...
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5th Jun
Q&As
Could the Brexit transition period be extended due to coronavirus (COVID-19)?Responding to the coronavirus (COVID-19) pandemic is impacting government...
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5th Jun

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