Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
What is the purposive approach to statutory interpretation?

What is the purposive approach to statutory interpretation?

What is the purposive approach to statutory interpretation?Purposive (teleological) constructionThe purposive approach has its roots in legal systems...

Is high blood pressure a qualifying disability under the Equality Act 2010?

Is high blood pressure a qualifying disability under the Equality Act 2010?

Is high blood pressure a qualifying disability under the Equality Act 2010?High blood pressure is also known as ‘hypertension’ (see NHS choices: High...

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 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...

What is the legal basis and effect of revoking UK legislation?

What is the legal basis and effect of revoking UK legislation?

What is the legal basis and effect of revoking UK legislation?What does it mean to repeal legislation?To repeal a piece of legislation revokes or...

Legal Guidance

Q&As

Given ongoing technological changes in UK border control, eg eGates, what visibility does Home Office have on a person’s exits and entries from UK when it is deciding an application for settled status under the EUSS and/or naturalisation? What relevant issues apply?

Given ongoing technological changes in UK border control, eg eGates, what visibility does Home Office have on a person’s exits and entries from UK...
26th Jun
Q&As

What considerations apply when determining the correct rate of customs duty payable on imported goods from 1 January 2021?

What considerations apply when determining the correct rate of customs duty payable on imported goods from 1 January 2021?Will duty apply?Whether duty...
Produced in partnership with Fergus Randolph QC of Brick Court Chambers 20th Jun
Q&As

What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU?

What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU?The concept of ‘origin’The concept of ‘origin’ in the...
Produced in partnership with Fergus Randolph QC of Brick Court Chambers 20th Jun
Q&As

What are the legal issues for contracts impacted by war and sanctions following the Russian invasion of Ukraine?

What are the legal issues for contracts impacted by war and sanctions following the Russian invasion of Ukraine?IntroductionThe Russian invasion of...
20th Jun
tag iconCommercial contracts in hard times
Q&As

What UK laws apply to automated individual decision-making and profiling?

What UK laws apply to automated individual decision-making and profiling?The UK GDPRThe mostly commonly encountered UK data protection law is the...
20th Jun
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...
19th Jun
tag iconBrexit
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...
19th Jun
tag iconBrexit
Q&As

In a situation where a customer of a potential outsourcing shares information with a tenderer in an invitation to tender (ITT) so the tender can consider TUPE liabilities or obligations in relation to the salary of the role, average length of service and staff location for the role, is the information likely to be personal data as defined under the General Data Protection Regulation (GDPR)? If so, what provisions should be included in the ITT to protect the customer in view of its obligations under the GDPR?

In a situation where a customer of a potential outsourcing shares information with a tenderer in an invitation to tender (ITT) so the tender can...
Produced in partnership with Jack Roberts of Shoosmiths 18th Jun
Q&As

How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?

How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?This answer refers...
Produced in partnership with Eleonor Duhs of Bates Wells and Louise Laing of Brodies LLP, FieldfisherCounsel for EU and International Law, House of Commons 18th Jun
Q&As

What is the sifting process under the Retained EU Law (Revocation and Reform) Act 2023?

What is the sifting process under the Retained EU Law (Revocation and Reform) Act 2023?What is sifting?The Retained EU Law (Revocation and Reform) Act...
18th Jun
Q&As

What is the legal position where there is an inconsistency between the Withdrawal Agreement and domestic legislation?

What is the legal position where there is an inconsistency between the Withdrawal Agreement and domestic legislation?What is the relationship between...
18th Jun
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...
18th Jun
Q&As

What are Francovich damages and how does Brexit impact the right to claim?

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...
18th Jun
tag iconBrexit
Q&As

What guidance is available to prepare for no deal Brexit?

What guidance is available to prepare for no deal Brexit?As things stand, if the UK and EU fail to agree and ratify an international treaty setting...
18th Jun
tag iconBrexit
Q&As

What does Brexit mean for the .eu top level domain name?

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....
18th Jun
tag iconBrexit
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 (and associated case law) are retained?

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...
Produced in partnership with Michael Bimmler of No 5 Chambers 18th Jun
Q&As

What is ‘relevant separation agreement law’ and how does it operate in UK law?

What is ‘relevant separation agreement law’ and how does it operate in UK law?‘Relevant separation agreement law’ is defined in section 7C(3) of the...
18th Jun
Q&As

What is retained case law and to what extent are UK courts and tribunals bound/able to follow it?

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...
18th 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 bound, in what circumstances may they still have regard to it?

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...
18th Jun
Q&As

Could the Brexit transition period be extended due to coronavirus (COVID-19)?

Could the Brexit transition period be extended due to coronavirus (COVID-19)?Responding to the coronavirus (COVID-19) pandemic is impacting government...
18th Jun
tag iconCOVID-19 tag iconBrexit

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