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The view from outside – the week in review 12 – 18 June 2017

Matrix’s Legal Support Service provides The view from outside, a weekly look at the UK’s relationship with the outside world

By Legal Support Service · On June 19, 2017

UK & other courts

The Supreme Court has ruled, by a majority of 3 to 2, in R (A & B) v Secretary of State for Health [2017] UKSC 41 that denying women ordinarily resident in Northern Ireland access to abortion on the NHS in England does not unjustifiably breach their ECHR, art 8 or 14 rights. This is despite considering the ECHR in the light of the UN Convention on the Elimination of All Forms of Discrimination Against Women, art 12 which requires parties to it, including the UK, to “ensure to women appropriate services in connection with pregnancy… granting free services where necessary…” because the Convention stops short of calling upon national authorities to make abortion services available, and as a matter of international law, its authority is slight.

In the Patents Court of the High Court of Justice, in Chugai Pharmaceutical Co Ltd v UCB Pharma SA & Anor; Chugai Pharmaceutical Co Ltd v UCB Biopharma SPRL [2017] EWHC 1216 (Pat) it has been held that the English court has jurisdiction to determine disputed paragraphs in a contract pertaining to the patent and sale of immunosuppressant drugs largely manufactured and sold in the US.

 

Evaluation of UK’s international obligations

Waterstones Children’s Laureate UK, Chris Riddell, has written a statement calling on the UK to urgently address three key human rights issues that affect children in the UK: British citizenship; child refugee reunion; and the closure of libraries.

In advance of the discussions between the Conservatives and DUP regarding a confidence and supply arrangement, Amnesty International has called for a commitment by the UK Government to reform abortion rights in Northern Ireland.

UK’s post-Brexit relationship with the EU

David Davis, Brexit Secretary, originally stated that, though formal Brexit talks will begin next week, this may not be on 19 June as planned as this is the date the Government will put its Queen’s Speech to Parliament following the election. However, following pressure from Brussels, Theresa May subsequently confirmed that the talks would being on 19 June in accordance with the initial plan.

Meanwhile Nicola Sturgeon has called for Theresa May to pause the negotiations as the election has left the Government weak, and a cross-party approach is required.

In naming Damien Green as first secretary of state, it is hoped he will be a powerful advocate of a ‘softer’ Brexit to Theresa May. However Kevin Featherstone for the LSE Brexit blog has argued that only Boris Johnson has the political capital to make the compromises a less destructive Brexit requires.

Senior EU sources have stated that Theresa May is to be warned that it would take twelve months to draft a new mandate for Michel Barnier if she insists on discussing a future trade deal and divorce bill at the same time, hugely delaying negotiations. Meanwhile EU leaders have warned that the outcome of the British General Election will complicate Brexit talks and Jean-Claude Juncker has ruled out extending the two year deadline for the negotiations. In an interview with the Financial Times Michel Barnier has put pressure on the UK stating that he can’t negotiate with himself.

The Guardian reports that Emmanuel Macron has stated that the door to remain in the EU is open to Britain, but time is of the essence if the decision is to be reversed. However, Guy Verhofstadt has made clear that, whilst the UK could change its mind, it would have to give up special perks including the hard-fought budget rebate.

David Cameron has stated that Theresa May will face pressure for a softer EU exit, and that she will need to listen to other parties moving forward to the negotiations.

The European Commission has published a paper considering the future of European defence post-Brexit.

For the Financial Times, Wolfgang Munchau has argued that the election is, in fact, almost entirely irrelevant to Brexit. Meanwhile Simon Tilford and John Springford for the Centre for European Reform have considered how the EU should react to the UK’s general election.

Legal Support Service

Legal Support Service

The Legal Support Service provide research and paralegal support to Matrix members – whether by finding legal information (cases, legislation, articles, reports etc), producing bundles of authorities for court, or carrying out more substantial research. They also collate daily current awareness bulletins, covering Matrix’s major areas of practice, manage our intranet and extranets and administer the freelance research panel.




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