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The view from outside – the week in review 10 –16 July 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 July 17, 2017

UK in Strasbourg

Lucy Moxham, for the UK Human Rights Blog, has considered whether the UK has reached a crisis point as regards implementation of ECtHR judgments, both regarding its failure to implement certain decisions such as against the blanket ban on prisoner voting rights, and its broader attitude seen in the Government enthusiasm for repealing the Human Rights Act 1998 in favour of a British Bill of Rights.

UK & other courts

The High Court has ruled, in the case of R (Campaign Against the Arms Trade) v Secretary of State for International Trade & Ors [2017] EWHC 1726 (QB), that the application for judicial review should fail as civilians had not been deliberately targeted and investigations were being held into incidents of controversy and Saudi Arabia was accepted as genuinely committed to compliance with International Humanitarian Law. Therefore the Secretary of State was rationally entitled to continue the grant of licenses and the application for judicial review was dismissed.

Evaluation of UK’s international obligations

Amnesty International have published a report criticising the scale and gravity of the loss of civilian lives during the military operation to retake Mosul, stating that this must immediately be publically acknowledged at the highest levels of the Iraqi Government and the Governments of the states that form the US-led coalition, which include the UK.

UK’s post-Brexit relationship with the EU

Following the G20 summit, Theresa May has sought to reassure Britons having obtained a promise from Donald Trump that there will be a US-UK trade deal concluded very quickly post-Brexit.

MPs have debated exiting the EU and global trade. Meanwhile the London Chamber of Commerce and Industry has argued that the Government must address dipping business confidence with positive Brexit talks.

The EU Justice Sub-Committee has continued with its inquiry into Brexit: consumer protection rights, with regulators advising.

The Australian prime minister has stated that he is determined the sign a trade deal with the UK as soon as it is legally able to sign one post-Brexit, but has also stated his country will be seeking a similar deal with the EU even before the UK leaves.

It is possible to watch part of The Brief’s event ‘Brexit, law and the city: what now?’ to see leaders of the Square Mile’s elite law firms discuss the likelihood of leaving the single market, and the revocability of art 50.

Peter Homes, for the Scottish Centre on European Relations, has argued that staying in the customs union would be neither soft nor simple post-Brexit.

As the EU’s insurance supervisor has weighed in, EU regulators are intensifying a drive to prevent financial groups from setting up shell companies in continental Europe to sidestep the effects of Brexit. Meanwhile the EIOPA has issued principles on a supervisory approach to the relocations from the UK.

Christopher Sullivan for Norton Rose Fulbright has written a piece on the proposal by the European Securities and Markets Authority, that, in light of Brexit, the European Commission should take it a step further and require direct EU supervision of an even wider scope of third country market infrastructure providers.

The Financial Times has argued that vital industry sectors such as chemicals and cars are likely to upset optimistic predictions that the UK will easily be able to negotiate new deals with the EU as the regulatory standards must remain to enable trade.

Dr Lauge Poulsen, for the UCL European Institute, has examined the future of British investment policy after Brexit.

The head of Britain’s public spending watchdog has warned that the UK may not be prepared to launch customs controls at Europe’s borders after it exits the EU in 2019.

For the LSE Brexit blog, Uuriintuya Baatsaikhanand Dirk Schoenmaker have argued that English common law is the choice of law for financial contracts, even for parties in EU member states with civil law systems. This creates a lucrative legal sector in the UK, but Brexit could make UK court decisions difficult to enforce in the EU.

 

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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