UK

UK Supreme Court confirms the limited scope of state and diplomatic immunity from employment claims: Benkharbouche and Reyes

In two judgments handed down on 18 October 2017, the Supreme Court (the “Court”) has allowed certain employment claims made by foreign nationals employed as domestic workers at the embassies of foreign states and a diplomat’s residence to proceed despite … Continue reading

Leave a Comment

Filed under Business & Human Rights, EU, EU Law, Immunity, International Human Rights, Sovereign Immunity/State Immunity, State Immunity, UK

UK government introduces new sanctions and anti-money laundering bill

On 19 October the UK Government published the text of a proposed new Sanctions and Anti-Money Laundering Bill (the “Bill“), which seeks to create a post-Brexit domestic legislative framework for the imposition and enforcement of sanctions. The introduction of the … Continue reading

Leave a Comment

Filed under Brexit, News, Public International Law, Sanctions, UK

Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

On its face, the thrust of the UK Government’s Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to rule out the jurisdiction of the Court of Justice of the European Union (CJEU) to … Continue reading

Leave a Comment

Filed under Brexit, EU, EU Law, Europe, News, Public International Law, UK

New sanctions reporting requirements for non-financial sector businesses

With effect from 8 August, the Government has introduced significant new reporting requirements in relation to EU asset freeze regimes. Previously, only businesses in the financial sector were subject to the obligations, found in UK financial sanctions instruments, to report … Continue reading

Leave a Comment

Filed under EU, EU Law, European Regulation, News, Sanctions, UK

Brexit Blog launches with Brexit Q&A

As formal Brexit negotiations have now started, Herbert Smith Freehills is pleased to announce the launch of its new Brexit Notes blog, where you will find articles and updates on the latest Brexit developments.   As well as reporting on … Continue reading

Leave a Comment

Filed under EU, EU Law, Europe, News, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact, UK

The UK Government announces consultation on sanctions post-Brexit

The two year process of the UK’s exit from the EU formally began on 29 March 2017 with notice being given under Article 50 of the Treaty on the European Union of the UK’s intention to leave the EU. One … Continue reading

Leave a Comment

Filed under Brexit, EU, Sanctions, UK

Trade Post-Brexit: What would a hard Brexit mean for international trade?

The UK’s vote to leave the EU brings with it the possibility of so-called 'hard Brexit'. Business needs to understand what Britain leaving the EU without a smooth transition to a new framework might mean for cross-border trade both within … Continue reading

Leave a Comment

Filed under Brexit, EU, EU Law, Europe, News, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact, UK

Brexit – future UK trade relations with the EU and with third countries

As an EU member state the UK is currently part of the EU internal market, which is one of the most advanced trade areas in the world and has been developed and extended since 1951. Originally referred to as the … Continue reading

Leave a Comment

Filed under EU, News, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact, UK

High Court rules that the principle of non-justiciability, unlike state immunity, cannot be waived

In a recent judgment of 21 June 2016 on a number of summary judgment applications in the case of High Commissioner for Pakistan in the United Kingdom ("Pakistan") v National Westminster Bank (the "Bank"), the English High Court considered the … Continue reading

Leave a Comment

Filed under Act of State Doctrine, Immunity, non-justiciability, State Immunity, UK

UK Supreme Court: Secretary of State decision to remove the hold on an individual’s listing on the UN Security Council’s Consolidated List of members of Al Qaida and its associates was lawful.

This UK Supreme Court judgment signals the end of lengthy court proceedings concerning the legality of the decision of the UK's Secretary of State for Foreign and Commonwealth Affairs (the Foreign Secretary) that led to the listing of an Egyptian … Continue reading

Leave a Comment

Filed under EU, UK, UN