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08 September 2017 / David Greene
Issue: 7760 / Categories: Opinion , Brexit
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A Brexit reality check

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Civil servants are seeking to wrestle political hubris & legal reality, says David Greene

As the commons debates the Withdrawal Bill, the government has published two new papers on civil justice proposals with the EU after Brexit which grabbed the holiday headlines as a ‘climbdown’ on the issue of the post-Brexit role of the EU Court of Justice (CJEU). To suggest a climbdown might be adding a little journalistic esprit to the possibilities canvassed in the papers. More generously we might think of them being the product of the confluence of political hubris and legal reality.

The UK red line through the CJEU is well rehearsed. The white paper put it simply: ‘We will bring an end to the jurisdiction of the CJEU in the UK’. The EU Council’s position was set out in its negotiation paper issued in May and in two papers in July. These deal only with what should be in the withdrawal agreement. They foresee the CJEU having continuing jurisdiction over the continued application of EU law after Brexit; to citizens’

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime specialist joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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