Trade and Investment News: February
Excello Law Blogs – ExcelloLaw.co.uk
by Harriet Reynolds
2M ago
Brexit and the Role of Supreme Courts The lead-up to Brexit was much affected by litigation in the UK on the legality of steps taken by the then UK Government to effect Brexit. The role of the UK Supreme Court in such litigation was particularly significant as is the new role of that Court in the post-Brexit era, given the safeguarding function that the Court has been given in UK legislation to ensure the sovereignty of UK law for the UK as against EU law. The role of the Israeli Supreme Court as the guardian of the Israeli constitution has been demonstrated by its decision, reported in The Ti ..read more
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Trade and Investment News 2024: The Convention; the Elgin Marbles; Foreign Languages and Jacques Delors
Excello Law Blogs – ExcelloLaw.co.uk
by Harriet Reynolds
3M ago
Brexit and the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters 2019 (“the Convention”)  On 23rd November 2023, the UK Government published the outcome of its consultation on whether the UK should become a party to the Convention and confirmed that the UK would sign the Convention as a party as soon as possible. The UK Government further reported that ratification would take place as soon as possible once all  the necessary domestic implementing legislation and rules had been put in place and that the Convention would enter into ..read more
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Trade and Investment – The Illegal Migration Act; Brexit and Ireland; and The Economic Crime and Corporate Transparency Act 2023
Excello Law Blogs – ExcelloLaw.co.uk
by Harriet Reynolds
5M ago
October 2023 Brexit and “Man’s Search for Meaning” First published in 1946 but updated and expanded in subsequent editions,  author-psychiatrist Viktor E Frankl’s  book, “Man’s Search for Meaning” describes his personal struggle for survival in Auschwitz and other Nazi concentration camps and also his therapeutic treatment known as “logotherapy”. Logotherapy seeks to treat patients in enabling them to find a meaning for life and is derived from his personal experience of individuals who, if they escaped death at all,  survived their holocaust experiences better because they cont ..read more
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Trade and Investment (post-Brexit) Blog September 2023
Excello Law Blogs – ExcelloLaw.co.uk
by Excello Law
5M ago
Brexit and the UK’s Retained EU Law (Revocation and Reform) Act 2023 (“the Act”)  On 28th July 2023, the UK’s House of Commons Library published a research briefing on the Act, which summarises the legislative and policy background to the Act and provides an overview of its main provisions. It includes helpful explanations of: The sunset provisions which provide the main framework for the expiry or “sunsetting” of retained EU law (REUL) at the end of 2023, and the UK Government’s change in approach to sunsetting during the Bill’s passage through Parliament. The assimilation provisions wh ..read more
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Brexit Trade and Investment News August
Excello Law Blogs – ExcelloLaw.co.uk
by Alex Berry
5M ago
Brexit and the UK’s Retained EU Law ( Revocation and Reform) Act 2023  On 29th June 2023,  the UK’s Retained EU Law ( Revocation and Reform ) Act 2023 ( “the Act”) became law. In the course of its pre- Act life as a Bill, it went through significant changes given its highly political nature and for some there must be a sense of relief that the exhausting legislative process has now been completed. The most significant change is perhaps the substitution in section 1 ( and the related Schedule 1) of a specific list of retained EU laws to be repealed at the end of 2023 for a more genera ..read more
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High Court Ruling on Right of Way Dispute
Excello Law Blogs – ExcelloLaw.co.uk
by Alex Berry
5M ago
In resolving right of way disputes, judges’ first port of call is to the precise wording of relevant property deeds, as illustrated by any plans attached to them. However, as a High Court ruling showed, topography and a common sense approach to enable full use of the right of way can also have a crucial part to play. The owner of a farmhouse claimed a vehicular right of way – known as an easement – to and from his property over neighbouring land, through a yard and from there onto an unclassified highway. He contended that the right of way was established by a deed entered into by him and pre ..read more
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Tribunal Ruling on Restrictive Covenants and Holiday Lets
Excello Law Blogs – ExcelloLaw.co.uk
by Alex Berry
5M ago
The case concerned a house in a leafy cul-de-sac in one of Cornwall’s most popular seaside locations. Its owner wished to use it for holiday lets but encountered fierce objections from a couple who lived nearby. They pointed to a restrictive covenant contained in the property’s title deeds that confined its use to that of a private dwelling house. The owner applied to the Upper Tribunal (UT) under the Law of Property Act 1925 for the covenant to be modified so as to enable its use for holiday lets. That, he argued, represented a reasonable use of the property that would have no measu ..read more
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Court of Appeal Ruling on When a Binding Contract Exists
Excello Law Blogs – ExcelloLaw.co.uk
by Alex Berry
5M ago
In the context of a commercial property dispute concerning the proposed erection of an anaerobic digestion plant, the Court of Appeal has given important guidance on how to distinguish a binding contract from a non-binding agreement to agree. A landowner entered into negotiations with an energy company that wished to site the plant on its land. Heads of terms were signed whereby it was agreed that a 25-year lease, at a rent of £150,000 a year, would be drawn up within one month of planning permission for the development being granted. Such permission was duly obtained, but the landowner subse ..read more
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Brexit and the UK Listings Rules, Smarter Regulation and Mexico
Excello Law Blogs – ExcelloLaw.co.uk
by Alex Berry
5M ago
Brexit and the UK Listing Rules On 3rd May 2023,  The Times reported that UK’s Financial Conduct Authority (FCA) has proposed one of the most radical reworkings of the UK’s listing rules for 30 years in an effort to make the UK’s listings market more attractive for companies. Reportedly, the FCA has proposed: The scrapping of the “primary listing” category of listed company; Concessions to enable founders of newly floated companies to retain more power by allowing different share classes with different voting arrangements; Removal of rules requiring so-called related party transactions t ..read more
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Trade and Investment (post-Brexit) Blog September 2023
Excello Law Blogs – ExcelloLaw.co.uk
by Lesley Potter
7M ago
Brexit and the UK’s Retained EU Law (Revocation and Reform) Act 2023 (“the Act”)  On 28th July 2023, the UK’s House of Commons Library published a research briefing on the Act, which summarises the legislative and policy background to the Act and provides an overview of its main provisions. It includes helpful explanations of: The sunset provisions which provide the main framework for the expiry or “sunsetting” of retained EU law (REUL) at the end of 2023, and the UK Government’s change in approach to sunsetting during the Bill’s passage through Parliament. The assimilation provisions wh ..read more
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