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03 November 2017
Issue: 7768 / Categories: Legal News
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State liability: betwixt & between Brexit

The recent Irish case of Farrell 2 is ‘especially welcome in the shadow of Brexit’, writes insurance law solicitor Nick Bevan in this week’s NLJ.

The case, in which a woman sitting in the back of an uninsured van suffered grave injuries, is important because the European Court of Justice found that an EU Directive has direct effect on the motorists of Ireland, including those parts of the directive not yet written into domestic law.

Bevan says the direct effect finding may be particularly useful in the run-up to Brexit ‘as there is a distinct risk, in this twilight period of EU law primacy, that a court might feel disinclined to apply a robust EU law consistent construction to bridge one of these lacunae’. The ruling means individuals can ‘rely directly on the wording of a Directive in an ordinary civil action’.

However, he concludes, ‘Sadly, this EU law remedy will probably lapse for all claims that postdate Brexit.’

Issue: 7768 / Categories: Legal News
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MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

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Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
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