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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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