On appeal from [2022] NICA 15

These proceedings challenge the lawfulness of the Northern Ireland Protocol (“the Protocol”), which formed part of the agreement between the United Kingdom (“the UK”) and the European Union (“the EU”) regarding the UK’s exit from the EU . The Protocol was given legal effect by section 7A (“section 7A”) of the European (Withdrawal) Act 2018 (“the 2018 Act”).

The Appellants rely on three grounds of appeal.

Ground One argues the Protocol is incompatible with Article VI of the Acts of Union 1800 (“Article VI”), the Acts which provided for the Union of Great Britain

RightsCon is the world’s leading summit on human rights in the digital age. RightsCon offers a platform for thousands of participants around the world to converge, connect, and contribute to a shared agenda for the future. It enables business leaders, activists, technologists, policymakers, journalists, philanthropists, researchers, and artists from around the world to interact and explore opportunities to advance human rights in the digital age. The 11th RightsCon Summit in 2022 took place from 6-10 June.

Jeni Tennison attended the summit and has provided some reflections from the following sessions.

a) Decolonizing co-design: Global South perspectives

This session looked at

In this post, Luke Arnold, Associate in the Real Estate team at CMS, previews the case of Rakusen v Jepson and Ors, which is due to be heard by the UK Supreme Court on 26 January 2023.

Factual Background

The respondent in this appeal, Mr Rakusen, is the leasehold owner of a flat in North London. In 2016, he granted a tenancy of the flat to Kensington Property Investment Group (“Kensington”) which permitted the subletting of individual rooms in the flat. Kensington later entered into separate agreements with the Appellants (Jepson and Ors) granting them each possession of one room.

On August 4, 2022, the US Department of Homeland Security (DHS), as the Chair of the Forced Labor Enforcement Task Force (FLETF), formally published the Uyghur Forced Labor Prevention Act (UFLPA) Entity List. The Entity list is a consolidated register of the four lists required to be developed and maintained pursuant to Section 2(d)(2)(B) of the UFLPA. DHS also released details on seeking changes to the UFLPA Entity List, including requests for removal from the list.

For our previous blog entries on the UFLPA and its implementation, see posts here, here, here, here, here and here.

UFLPA requires the Commissioner

On June 23, 2022, the American Bankers Association and 51 state bankers associations released a letter to the federal financial regulators¹ that describes the principles the regulators should use when developing guidance and regulations on environmental, social, and governance (“ESG”) issues (“Industry Letter”).² These principles reflect the industry’s view on how the government can maintain a free-market financial system that also addresses national and global challenges.

The Industry Letter is driven by growing concern that new ESG regulatory requirements will impede banks’ ability to provide necessary products and services to customers. In this Legal Update, we provide background