Public and Administrative

EU Law post-Brexit

Building on its longstanding expertise in EU law, Landmark’s members are involved in cutting edge issues arising from the UK’s exit from the EU, regularly advising on and appearing in high-profile cases in the domestic courts and the CJEU.

Overview

Examples of recent cases include:

R (Trinity College (CSP) Ltd) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1355 (Admin) - about the circumstances in which grants could be refused under the European Regional Development Fund and the relationship with national procurement rules, upholding the Secretary of State’s decision to refuse where those rules had not been fully complied with
R (King) v Secretary of State for Education [2021] EWHC 2509 – about entitlement to student support for Surinder Singh spouses, upholding the regulations that excluded them from eligibility for maintenance support Celik v SSHD – pending Court of Appeal case
Waltham Forest LBC v Hussain [2022] UKUT 241 (LC) [2023] H.L.R. 1 might fit the bill. It’s about the powers of local authorities to licence Houses in Multiple Occupation and whether Directive 2006/123/EC (and/or the Provision of Services Regulations 2009 (SI 2009/2999) apply to applications for licences. AT v SSWP
R (IMA) v SSHD [2022] EWHC 3274
CG v Dept of Communities for Northern Ireland
Fratila v SSWP [2021] UKSC 53
R (Roehrig) v SSHD [2023] EWHC 31
R (Akinsanya) v SSHD [2022] EWCA Civ 37
Begum v SSHD [2022] EWCA Civ 1878
Carrington v Revenue and Customs Commissioners [2022] EWCA Civ 1724
Chowdhury v SSHD [2021] EWCA Civ 1220
Robinson (Jamaica) v SSHD [2020] UKSC 53
Konevod v SSWP [2020] EWCA Civ 809
Latayan v SSHD [2020] EWCA Civ 191
Kaur v SSHD [2020] EWCA Civ 98
Patel v SSHD [2019] UKSC 59
SSWP v Gubeladze [2019] UKSC 31
Case C-43/12 Commission v. European Parliament and Council (an application to annul Directive 2011/82/EU of the European Parliament and Council on the cross-border exchange of information on road safety and traffic offences, on the basis that it had wrongly been adopted on the basis of Art. 87(1) TFEU, which permits an opt-out by Member States, as opposed to Art. 91(1), which does not).
Case C-507/12 St Prix v. Secretary of State for Work and Pensions [2013] 1 C.M.L.R. 38 (on the meaning of ‘worker’ for the purposes of Art. 7 of the Citizenship Directive and the compatibility of the Directive with the anti-discrimination provisions of the Charter of Fundamental Rights).
R (Harrison) v. Secretary of State for the Home Department [2013] 2. C.M.L.R 23 (on the rights of non-EU family members of EU citizens lawfully resident in the UK, following the CJEU’s judgments in Zambrano, McCarthy and Dereci).
Case C-530/11 Commission v. United Kingdom (on the compatibility of the costs rules in UK environmental litigation with the Public Participation Directive).
Case C-567/10 Inter-Environnement Bruxelles ASBL v. Region de Bruxelles-Capitale [2012] 2 C.M.L.R. 30 (on the scope of the Strategic Environmental Assessment Directive).
Case C-186/10 Oguz v. Secretary of State for the Home Department [2012] 1 W.L.R. 709 (on the interpretation of the EEC – Turkey Association Agreement).
Patmalniece v. Secretary of State for Work and Pensions [2011] 2. C.M.L.R 45 (on the compatibility with EU law of the UK Government’s “right to reside” test for social security benefits).
R (Midlands Co-Operative) v. Birmingham City Council [2012] EU L.R. 640 (on the applicability of the Public Contracts Directive to development agreements and s.106 obligations).