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14 January 2021 / Simon Parsons
Issue: 7916 / Categories: Features , Brexit , Constitutional law
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The rule of law—in transition?

35715
Simon Parsons reflects on the UK Internal Market Bill & attempts to exclude judicial review for errors of law
  • The UK Internal Market Bill.
  • Ouster clause: attempts to exclude judicial review for errors of law.
  • Errors of law: the courts have been willing to review errors of law but are only able to review errors of fact in limited circumstances.

The UK Internal Market Bill, Pt 5, if it had become law would have broken international law by giving ministers powers to make regulations in respect of Northern Ireland customs and state aid which would have been inconsistent with the UK’s commitments under Art 4 of the Withdrawal Agreement which states that the UK must, via primary legislation, fully implement that agreement in domestic law. In particular the regulations would have disapplied (in respect of the Northern Ireland (NI) Protocol) s 7A of the European Union (Withdrawal) Act 2018 (inserted by legislation in 2020) which is the conduit by which the Withdrawal Agreement flows into domestic law. The fact

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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