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Category Archives: EU

Can Brexit be Cancelled?

Whether you are a remainer or a Brexiteer it is legally possible that we are so far along the road of Brexit that we couldn’t change our mind even if we wanted to. One person who wants to know for certain is Jolyon Maugham QC,

Free Movement of Capital and the Economic and Monetary Union

Under Art. 63 TFEU “all restrictions on the movement of capital…shall be prohibited”. This free movement of capital has vertical and horizontal direct effect as per Sanz de Lera [1995]. The freedom also includes the movement of capital between EU and third countries. Movement of

SM (Algeria) v Entry Clearance Officer [2018] UKSC 9

Family law and in particular the law relating to adoption can vary between cultures but is that enough to deny the free movement of people under EU law? In this episode we explore that question in the context of the Islamic adoption system of kafala.

The Withdrawal Agreement and Implementation Act 2019

It was announced yesterday that the final deal to be agreed by the UK government on the terms of Brexit will be subject to a binding Parliamentary vote. The news from David Davis (pictured) has been recognised as a major concession to Labour as well

New Video – EU Law – Freedom of Establishment and Services

The distinction between establishment and services is based on the idea that establishment is more permanent whereas services are more temporary in nature. Establishment mainly falls under Art. 49 with 49(1) allowing for primary and secondary establishment and (2) prohibiting unequal or discriminatory treatment. The

Walker v Innospec Ltd [2017] UKSC 47

Walker has been in a same-sex relationships since 1993 but because he retired before civil partnerships became legal in late 2005 his partner was not entitled to the spousal pension. In this case Walker challenges the discrimination by reference to the EU’s Framework Directive. We

An Easy Win On Brexit

Crime is becoming increasingly international. While the Internet and better transport links make life so much easier for the ordinary citizen it is also a huge benefit to the criminal class who can communicate and even commit crimes across borders. Fortunately policing has also moved

The EFTA Route Is A Realistic Brexit Option

The above video was recorded more than a year ago and before the referendum that decided the UK would no longer remain a part of the European Union. In my humble opinion, is still relevant to the situation that the country finds itself in today.

A Changing Role For The EU’s Top Court

Another red line in Theresa May’s Brexit plan was blurred today as a further government policy paper on the negotiations was published. This time the issue at stake was the one that will prove most significant to the legal landscape after the UK leaves the