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16 May 2019 / Simon Parsons
Issue: 7840 / Categories: Features , Constitutional law , Brexit , EU
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Brexit & retained devolved EU law

Simon Parsons reports on another constitutional crisis which could be brewing after Brexit

  • In 2018, the Supreme Court ruled that the passing of the European Union (Withdrawal) Act 2018 prevented the Scottish government enacting its own legislation to close post-Brexit gaps in the law.
  • This judgment confirmed Westminster’s unrestrained legislative competence throughout the UK and the devolved legislatures are subordinate to it.
  •  

    In 2018, the Welsh government and the Scottish government issued the Law Derived from the European Union (Wales) Bill and the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill respectively, the purpose of which was the same as Westminster’s EU Withdrawal Bill; ie to convert or transpose directly applicable EU law relating to Wales and Scotland into Scottish and Welsh domestic law, and by preserving the Welsh and Scottish legislation that implements EU law which is not directly applicable. The aim was to avoid legislative gaps in the law after Brexit. This is known as retained devolved EU law. The subordinate legislatures issued

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    MOVERS & SHAKERS

    Penningtons Manches Cooper—Jean-François Le Gal

    Penningtons Manches Cooper—Jean-François Le Gal

    Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

    Shakespeare Martineau—Aaron Sanders & Kate Saunders

    Shakespeare Martineau—Aaron Sanders & Kate Saunders

    Shakespeare Martineau strengthens trust and estates disputes team with new appointments

    Bellevue Law—Shannon Moore

    Bellevue Law—Shannon Moore

    Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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    More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
    When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
    Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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