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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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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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