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22 October 2019 / Simon Parsons
Categories: Features , Brexit , EU , Constitutional law
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Brexit: Parliament flexes its muscles

Simon Parsons examines the current state of affairs in Parliament, & warns that even more difficulty lies ahead…

The withdrawal agreement reached with the European Union on 17 October 2019 amounts to a hard Brexit, with Great Britain out of the single market, the customs union and the political arrangements, but with a withdrawal agreement including a transition period until the end of 2020. Legally, the United Kingdom will leave the EU on exit day, which is currently 31 October 2019. But de facto, the UK will remain a member. This is because EU law will continue to apply during the transition period, but the UK will have no role in decision-making. The European Communities Act 1972 will not be repealed until the end of the transition period. Thus, EU law will continue to flow into the UK. The Court of Justice of the European Union will continue to have jurisdiction in respect of the impact of EU law in the UK, and it will be the arbitrator in respect of the withdrawal agreement. Nothing will really change. The purpose

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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