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18 Sep 2019, 1:18 am by UKSC Live Blogging
  It is noted by him that this principle has not been developed to the same degree in Scotland as it may have been south of the border. 1544: Aidan O’Neill QC states that there is no ‘No-deal’ statute. 1542:  Lady Hale states that there is always a difficulty faced by the courts as to whether the court should accept the agreement of the parties (referring to the Miller case). [read post]
17 Sep 2019, 1:26 am by CMS
  However in so far as they seek to declare it “null” and of “no effect” he submits that they went too far and where they cannot go. 14:16: Lord Keen QC notes that this principle is consistent with extensive authority and which Sir James Eadie QC will address in due course in further detail. 14:14: Lord Keen QC notes that the Inner House accepted that the principle of non-justiciability exists in public law and that the question of whether something is… [read post]
16 Sep 2019, 4:30 am by Ray Dowd
The works are targeted at a general audience and deal with subject matter readily understandable by any ordinary person, including the Court. [read post]
5 Sep 2019, 12:49 am by CMS
Aidan O’Neill QC argues that Parliament would therefore need to pass a separate piece of legislation to allow the UK Government to leave on a no deal basis. 1436: Aidan O’Neill QC submits that the notification under Article 50, to which Parliament consented following the case of R (Miller) v Secretary of State for Exiting the European Union does not mean that Parliament consented to a no deal Brexit. [read post]
3 Sep 2019, 10:29 am by Patricia Hughes
Prime Minister Boris Johnson’s decision to prorogue the UK Parliament last week reminded us of Prime Minister Stephen Harper’s twice-proroguing of the Canadian Parliament in the space of about a year. [read post]
3 Sep 2019, 12:41 am by CMS
He refers to R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5, noting it is consistent with the UK Government position. 1449: David Johnston QC refers to the Fixed Term Parliaments Act 2011 in accordance with which dissolution must take place. [read post]
2 Sep 2019, 9:09 am by CMS
In England & Wales, Gina Millar, the businesswoman who brought the UK Supreme Court appeal of R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5 has also commenced proceedings, with a hearing fixed for Thursday 5 September 2019. [read post]
31 Jul 2019, 9:01 pm by Vikram David Amar
For this we fast forward seven years to the 2005 case of Miller-El v. [read post]
15 Jul 2019, 4:54 am by Andrei Gribakov
Importantly, Chapter V of the GDPR authorizes only three methods for legal data transfers from the EEA to a third country, such as the United States: adequacy decisions, appropriate safeguards or limited enumerated exceptions (“derogations”). [read post]