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Latest Public Law News

Brexit highlights—9 April 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit highlights—9 April 2021

Public Law weekly highlights—8 April 2021

The following Public Law news provides comprehensive and up to date legal information on Public Law weekly highlights—8 April 2021

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Brexit SI Bulletin—drafts laid for sifting on 6 April 2021

The following Corporate Crime news provides comprehensive and up to date legal information on Brexit SI Bulletin—drafts laid for sifting on 6 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 Information law content

Precedents

Personal data sharing schedule—controller to controller—pro-disclosing party

Defined terms: This precedent schedule uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Disclosing Party’, ‘parties’, ‘person’ and...

12th Mar

In-house

Practice notes

Brexit—implications for data protection

This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation...

11th Mar

Brexit

In-house

Practice notes

Environmental Information Regulations 2004—exceptions

The Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004) give rights of public access to environmental information held by public...

9th Mar

Practice notes

Environmental Information Regulations 2004—issues for businesses

The Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391 poses a risk to businesses through exposure of sensitive commercial...

Produced in partnership with Patrick Senior of Stephenson Harwood 9th Mar

Practice notes

Environmental Information Regulations 2004—requesting information

This Practice Note outlines guidance for private practitioners making requests, public authorities receiving requests, disclosures of information, and...

9th Mar

Practice notes

Differences between Environmental Information Regulations and Freedom of Information Act

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

9th Mar

Practice notes

Environmental Information Regulations 2004—clarifying requests

Updated in partnership with Patrick Senior of Stephenson HarwoodWhere requests under the Environmental Information Regulations 2004 (EIR 2004), SI...

9th Mar

Practice notes

Environmental Information Regulations 2004—appeals and enforcement

A requestor, or more appropriately a complainant, may complain about the way a request for environmental information has been handled if they consider...

Produced in partnership with Patrick Senior of Stephenson Harwood 9th Mar

Practice notes

Environmental Information Regulations 2004—responding to a request

When responding to a request for information, the first step should be to determine whether the information requested is environmental information,...

Produced in partnership with Patrick Senior of Stephenson Harwood 9th Mar

Practice notes

Environmental Information Regulations 2004—what is environmental information?

Understanding what environmental information includes is fundamental to environmental regulation because it will determine whether a request for...

Produced in partnership with Patrick Senior of Stephenson Harwood 9th Mar

Practice notes

Outsourcing and data protection

This Practice Note primarily addresses the UK data protection laws.On 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the...

Produced in partnership with Marina Paul 9th Mar

Practice notes

Supply chains under data protection law—arrangements between controllers and processors

This Practice Note primarily addresses the UK data protection laws where a processor will process personal data on behalf of a controller in a...

9th Mar

Precedents

Request for information under the Freedom of Information Act 2000

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

3rd Mar

Q&As

Does the Data Protection Act 2018 include powers to make any subordinate (or 'secondary') legislation?

The Data Protection Act 2018 (DPA 2018) confers certain powers to create subordinate (or 'secondary') legislation under a number of sections of DPA...

1st Mar

Practice notes

Financial services and Freedom of Information Act requests

This Practice Note considers the implications of the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) being within the...

1st Mar

Precedents