header-logo header-logo

The rule of law—in transition?

14 January 2021 / Simon Parsons
Issue: 7916 / Categories: Features , Brexit , Constitutional law
printer mail-detail
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll