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28 June 2017
Issue: 7752 / Categories: Legal News
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Lawyers hit out at flaws in PM’s plans for EU nationals

Lawyers have hit out at flaws in the Prime Minister’s immigration status pledge to EU nationals.

Prime Minister Theresa May has said EU citizens who arrived in the UK before the Article 50 trigger date of 29 March 2017 will be given similar rights to UK citizens. Those arriving after that date can stay for two years then apply for a work permit.

However, Nick Rollason, immigration law partner at Kingsley Napley, said the proposal would anger many EU nationals, and created uncertainty. ‘Since the referendum, over 100,000 EU nationals and their family members have applied for, and obtained, EU Permanent Residence status,’ he said.

‘Making them re-apply is a waste, not only of their time and money, but also of UK public funds and of Home Office resources.’

The Bar Council, which published the third edition of its Brexit Papers last week, warned the European Court of Justice (CJEU) could be ‘a major stumbling block in negotiations’.

Hugh Mercer QC, chairman of the Bar’s Brexit Working Group, said: ‘Apart from agreeing the categories of citizens who have acquired these rights, the big question around these “acquired rights” is; how will UK and EU citizens enforce the terms of that deal if they run in to difficulties with national authorities, or if the UK and other states disagree over the operation of the new rules?

‘The answer may be to create a mechanism for obtaining an Advisory Opinion in disputes before UK courts or for UK courts to have due regard to CJEU rulings, and an obligation of consistent interpretation to ensure equality, legal certainty and the maintenance of the quality of the rights.’

 

Issue: 7752 / Categories: Legal News
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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