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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.
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    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

    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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