CJEU: European arrest warrant regime subsists until Brexit occurs

The notification, by the United Kingdom, of its intention to withdraw from the EU does not have the consequence that execution of a European arrest warrant issued by that member state must be refused or postponed.

Published 20 September 2018

Murgitroyd sees rise in profits amid Brexit confidence

Murgitroyd, a global intellectual property attorney firm headquartered in Glasgow, has reported a seven per cent increase in underlying profits to £4.1 million.

Published 12 September 2018

Justice Secretary urges clarity with 200 days until Brexit

The ability of Scotland’s police and prosecutors to plan for Brexit is being hampered by an “unacceptable” lack of clarity from the UK government, Justice Secretary Humza Yousaf has said.Following the Scotland Secretary, David Mundell's evidence to the Justice Committee last week, Mr Yousaf said there still remains “no answers to basic questions” on security and judicial co-operation with the EU.He urged the UK government to publish plans for what will happen to measures such as the European arrest warrant (EAW) in the event of a no-deal Brexit.Mr Yousaf said: “With 200 days to go until Brexit, the complete lack of any clarity on our future security partnership with the EU is much worse than 'suboptimal' – as the Secretary of State put it to committee - it is unacceptable.“We rely on measures like the European arrest warrant with which, for example, we might not have been able to bring a number of high-profile criminals to justice.“This government has been consistently clear on the importance of safeguarding the close co-operation which Scottish police and prosecutors enjoy with their EU counterparts.”Since 2011, over 760 people have been subject to court proceedings in a Scottish court after being arrested on an EAW.In one example, a Polish national was arrested in Poland within five hours of issue of the arrest warrant, following an attack and murder in Edinburgh in January 2012. In 2009 Marek Harcar, a Slovakian national, was jailed for the murder of Moira Jones after being arrested on an EAW.Mr Yousaf added: “We are working with our law enforcement agencies to plan in case these co-operation arrangement fall away. With no answers to basic questions, this planning is complex and challenging.“While I welcome that the UK government’s White Paper finally acknowledged Scotland’s separate judicial system, we need to know what their plans are for security co-operation in the event of a no-deal. There is no guarantee that we can rely on a transition period, as the Secretary of State seemed to suggest.“The clock is ticking and this is becoming increasingly urgent.”

Published 10 September 2018

Faculty: Family law will be hit hard by Brexit

Family law in Scotland will become less certain and probably more expensive after Brexit, the Faculty of Advocates believes.

Published 22 August 2018

Shetland briefing session on EU citizens’ rights and Brexit to be held next month

Solicitors and immigration advisors in the Shetlands will have an opportunity to attend a free briefing session on “EU Citizens' Rights” in Lerwick next month, on 4 September.

Published 21 August 2018

British citizens in EU launch court challenge against Brexit

British citizens living in other EU countries have launched a court challenge against Brexit on the basis of electoral law breaches during the referendum campaign. The UK in EU Challenge group, represented by English law firm Croft Solicitors, argues that the referendum was not conducted "in accordance with the UK's constitutional r

Published 15 August 2018

English lawyers now form 10 per cent of Irish roll as Brexit fears prompt registration

Almost 10 per cent of solicitors registered in Ireland are lawyers from England and Wales, a figure in part attributable to the Brexit vote.

Published 10 August 2018

Advocate General Szpunar: Brexit vote should not affect execution of British EAWs

The UK's decision to leave the European Union should not immediately affect the execution of a European Arrest Warrant (EAW) issued by it, according to an Advocate General of the European Court of Justice.

Published 8 August 2018

Supreme Court Brexit battle between Scottish and UK governments begins

The Scottish Parliament's Brexit bill is "fundamentally inconsistent" with the law, counsel for the UK government has told the UK Supreme Court.

Published 24 July 2018

Northern Ireland's Attorney General backs Scottish government in Brexit showdown at Supreme Court

The Scottish government has gained the support of Northern Ireland's law officer in its legal case with the UK government over Brexit.

Published 20 July 2018

Post-Brexit intellectual property plans should give 'reassurance' to EU trademark holders

Brexit negotiators have reviewed the future of intellectual property rights, with the likelihood being that EU-wide rights will be replaced with equivalent UK rights after the end of the transition period.

Published 20 July 2018

Watchdog warns of potential surge in hate crime after Brexit south of the border

A watchdog has warned that police must shore up failings in their response to hate crime ahead of a potential surge after Brexit.

Published 20 July 2018

Pro-Brexit campaign fined £61,000 and referred to police over electoral law breaches

The lead pro-Brexit campaign group Vote Leave has been fined £61,000 and referred to police by the UK's elections watchdog for breaking electoral laws on campaign spending.The Electoral Commission today published the conclusions of its investigation into the spending of Vote Leave and other campaigners, finding that Vote Leave and Darren Grimes broke electoral law.The investigation found significant evidence of joint working between Vote Leave and another campaign group called BeLeave.Evidence shows that BeLeave spent more than £675,000 with AggregateIQ under a common plan with Vote Leave. This spending should have been declared by Vote Leave, which means Vote Leave exceeded its legal spending limit of £7 million by almost £500,000.Vote Leave also returned an incomplete and inaccurate spending report, with nearly £234,501 reported incorrectly, and invoices missing for £12,849.99 of spending.Mr Grimes, founder of BeLeave, was found to have committed two offences and has been fined £20,000. He spent more than £675,000 on behalf of BeLeave, a non-registered campaigner with a spending limit of £10,000. He wrongly reported that same spending as his own.The commission has now referred David Halsall, the responsible person for Vote Leave, and Mr Grimes to the Metropolitan Police in relation to false declarations of campaign spending.It has also shared its investigation files with the Metropolitan Police in relation to whether any persons have committed related offences which lie outside the Commission's regulatory remit.Bob Posner, the Electoral Commission's director of political finance and regulation & legal counsel, said: "These are serious breaches of the laws put in place by Parliament to ensure fairness and transparency at elections and referendums. Our findings relate primarily to the organisation which put itself forward as fit to be the designated campaigner for the ‘leave’ outcome."He added that Vote Leave had "resisted our investigation from the start" and forced the watchdog "to use our legal powers to compel it to provide evidence". He added: "Nevertheless, the evidence we have found is clear and substantial, and can now be seen in our report."The investigation also found that the campaign group Veterans for Britain inaccurately reported a donation it received from Vote Leave. It has been fined £250. There was no evidence that Veterans for Britain campaigned under a common plan with Vote Leave.In total, the levels of fines are £61,000 for Vote Leave, £20,000 for Mr Grimes and £250 for Veterans for Britain.The commission noted that it was constrained by the maximum individual fine limit of £20,000, which it considers to be "inadequate for serious offences of electoral or referendum law".

Published 17 July 2018

Facebook issued record £500,000 fine over failure to safeguard user information during Brexit vote

Facebook broke the law during the Brexit referendum – by failing to safeguard people’s information after the data of 87 million people was harvested – and could be fined £500,000 for two breaches of data protection legislation, the Information Commissioner's Office (ICO) announced as it called for a statutory code regulating the use of personal data in political campaigns to be introduced.

Published 11 July 2018

Brexit prompts swaps and derivatives body to launch French and Irish law master agreements

The International Swaps and Derivatives Association (ISDA) has launched new French and Irish law versions of the ISDA Master Agreement, adding to the existing English, New York and Japanese law choices ahead of Brexit.

Published 3 July 2018