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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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