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Latest Public Law News

Brexit SI Bulletin—latest drafts and sifting committee reports, 17 September 2021

Brexit SI Bulletin—latest drafts and sifting committee reports, 17 September 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit SI Bulletin—latest drafts and sifting committee reports, 17 September 2021

Brexit highlights—17 September 2021

Brexit highlights—17 September 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit highlights—17 September 2021

Public Law weekly highlights—16 September 2021

Public Law weekly highlights—16 September 2021

The following Public Law news provides comprehensive and up to date legal information on Public Law weekly highlights—16 September 2021

UK’s Basel bank proposals could be delayed due to Brexit says BoE prudential lead

UK’s Basel bank proposals could be delayed due to Brexit says BoE prudential lead

The following Financial Services news provides comprehensive and up to date legal information on UK’s Basel bank proposals could be delayed due to Brexit says BoE prudential lead

Featured Public Law content

Separation of powers—legislative, executive and judiciary

Separation of powers—legislative, executive and judiciary

Separation of powers—legislative, executive and judiciaryIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

Methods of statutory interpretation used to resolve ambiguities in legislation

Methods of statutory interpretation used to resolve ambiguities in legislation

Methods of statutory interpretation used to resolve ambiguities in legislationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the...

Public inquiry procedure

Public inquiry procedure

Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries...

What is a public authority?

What is a public authority?

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...

Practice notes

The supremacy of EU law

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?

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

Indirect effect of EU law

Indirect effect of EU lawWhat is indirect effect of EU law?The doctrine of indirect effect, or consistent interpretation, is a duty that national...
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Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 19th May
tag iconBrexit
Practice notes

Convention rights—structure of qualified rights

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 committees

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 protocol

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]

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
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Practice notes

Judicial review time limits—extensions and urgent cases

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 succeed?

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

Brexit legislation tracker

Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...
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19th May
tag iconBrexit
Practice notes

Parliamentary supremacy—implied repeal

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

Secondary or delegated legislation

Secondary or delegated legislationLegislationThe English legal system is based upon two primary sources of law:•legislation, and•case law, or common...
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19th May
Practice notes

Parliamentary supremacy the enrolled bill rule

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 law

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
tag iconBrexit
Practice notes

Parliamentary privilege and the Bill of Rights 1688

Parliamentary privilege and the Bill of Rights 1688Arguably the most significant of these ‘statutory’ aspects of parliamentary privilege is freedom of...
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Produced in partnership with Carl Gardner 19th May
Practice notes

Sources of constitutional law

Sources of constitutional lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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Produced in partnership with Carl Gardner 19th May

Most recent Q&As content

Q&As

What does Brexit mean for UK students in courses that require periods of study in another EU country?

What does Brexit mean for UK students in courses that require periods of study in another EU country?Until formal notice is given under Article 50 of...
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Produced in partnership with Shazia Akhtar of Gatehouse Chambers 17th Sep
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Q&As

What General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 issues arise when instructing a third party expert in criminal proceedings? What practical steps should instructing solicitors take to ensure they comply with GDPR?

What General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 issues arise when instructing a third party expert in criminal proceedings?...
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Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 17th Sep
Q&As

Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?

Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?For the purposes of this Q&A we...
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17th Sep
Q&As

What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?

What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?Judicial review is considered to be a remedy of...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 17th Sep
Q&As

Is the use of ‘and/or’ considered best drafting practice in commercial agreements? How do the courts interpret the use of this phrase?

Is the use of ‘and/or’ considered best drafting practice in commercial agreements? How do the courts interpret the use of this phrase?Where parties...
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13th Sep
Q&As

Is there a general, implied or common law obligation on a bidder in a tender exercise to act in good faith or with candour when submitting a bid?

Is there a general, implied or common law obligation on a bidder in a tender exercise to act in good faith or with candour when submitting a bid?In...
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13th Sep
Q&As

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived domestic legislation which implements an EU Directive, are UK courts and tribunals bound or permitted to have regard to EU case law on that Directive even though the Directive itself is not retained?

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived...
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13th Sep
Q&As

What is the limitation period (for a defects claim) where the framework agreement is a deed but the call-off contract is a simple contract?

What is the limitation period (for a defects claim) where the framework agreement is a deed but the call-off contract is a simple contract?A framework...
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13th Sep
Q&As

How do you challenge or appeal a decision to take a hearing out of a list against the wishes of the parties?

How do you challenge or appeal a decision to take a hearing out of a list against the wishes of the parties?Court’s case management powersThe court's...
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9th Sep
Q&As

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard?

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
tag iconCOVID-19
Q&As

What are the key risks associated with using third party social media platforms?

What are the key risks associated with using third party social media platforms?Why be part of the online community?Social media is à la mode. The...
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8th Sep
Q&As

Could you provide details of a recent trade mark infringement case where the court declined to award damages because no loss was suffered?

Could you provide details of a recent trade mark infringement case where the court declined to award damages because no loss was suffered?We have...
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3rd Sep
Q&As

In practice, how are court documents filed and court fees paid in insolvency proceedings during the coronavirus (COVID-19) outbreak?

In practice, how are court documents filed and court fees paid in insolvency proceedings during the coronavirus (COVID-19) outbreak?The first thing to...
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Produced in partnership with Chris Adams of Gosschalks 3rd Sep
tag iconCOVID-19
Q&As

Following a ‘no deal’ Brexit (and assuming there is no adequacy decision in respect of the UK), might a controller in a remaining EU Member State transfer personal data from that EU state to the UK using appropriate safeguards?

Following a ‘no deal’ Brexit (and assuming there is no adequacy decision in respect of the UK), might a controller in a remaining EU Member State...
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26th Aug
tag iconBrexit
Q&As

Have the standard contractual clauses (model clauses) been updated for the General Data Protection Regulation?

Have the standard contractual clauses (model clauses) been updated for the General Data Protection Regulation?Background to the standard contractual...
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26th Aug
Q&As

What is the impact of Brexit on international transfers of personal data?

What is the impact of Brexit on international transfers of personal data?This Q&A looks at the impact of Brexit on cross-border transfers of personal...
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26th Aug
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Q&As

In a no-deal Brexit scenario where personal data will be transferred by an EU controller to a UK processor and that processor will then transfer the personal data to a subprocessor outside the UK and EU, Model Clauses in place between the EU controller and the UK processor will require the processor to impose the same obligations as in those Model Clauses on the subprocessor (or that the subprocessor co-signs those Model Clauses). Does there also need to be Model Clauses in place between the EU controller and the (non-UK and non-EU) subprocessor?

In a no-deal Brexit scenario where personal data will be transferred by an EU controller to a UK processor and that processor will then transfer the...
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Produced in partnership with JP Buckley of DWF LLP 26th Aug
tag iconBrexit
Q&As

What materials are available to assist with drafting variations to existing English law contracts between controllers and processors of personal data as necessary to comply with the GDPR?

What materials are available to assist with drafting variations to existing English law contracts between controllers and processors of personal data...
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25th Aug
Q&As

How does the General Data Protection Regulation impact on property owners and managers?

How does the General Data Protection Regulation impact on property owners and managers?The General Data Protection Regulation (Regulation (EU)...
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25th Aug
Q&As

What are the differences between joint controllers and controllers in common under the GDPR? What is the difference in liability if a party is a joint controller with another, compared to where the parties are controllers in common?

What are the differences between joint controllers and controllers in common under the GDPR? What is the difference in liability if a party is a joint...
Read More >
Produced in partnership with Loretta Pugh, Senior Associate, CMS and Emma Burnett, Partner, CMS 25th Aug

Popular documents

Direct effect of EU law

Direct effect of EU law

Direct effect of EU lawWhat 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 Union in Van Gend en Loos. It is a mechanism through which individuals can enforce rights in Member States’ courts, based on EU

Fraud by false representation

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the

Reversionary lease by reference

Reversionary lease by reference

 LR1. Date of the lease[date]LR2. Title Number(s)LR2.1 Landlord's title number(s)[title numbers out of which this Lease is granted. Leave blank if not registered]LR2.2 Other title numbers[existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be

Reserved judgments

Reserved judgments

Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or hearing (as opposed to an ex tempore judgment which is given by the judge orally straight after the hearing or trial). At the end of the hearing the judge