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16 May 2019 / Simon Parsons
Issue: 7840 / Categories: Features , Constitutional law , Brexit , EU
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Brexit & retained devolved EU law

Simon Parsons reports on another constitutional crisis which could be brewing after Brexit

  • In 2018, the Supreme Court ruled that the passing of the European Union (Withdrawal) Act 2018 prevented the Scottish government enacting its own legislation to close post-Brexit gaps in the law.
  • This judgment confirmed Westminster’s unrestrained legislative competence throughout the UK and the devolved legislatures are subordinate to it.
  •  

    In 2018, the Welsh government and the Scottish government issued the Law Derived from the European Union (Wales) Bill and the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill respectively, the purpose of which was the same as Westminster’s EU Withdrawal Bill; ie to convert or transpose directly applicable EU law relating to Wales and Scotland into Scottish and Welsh domestic law, and by preserving the Welsh and Scottish legislation that implements EU law which is not directly applicable. The aim was to avoid legislative gaps in the law after Brexit. This is known as retained devolved EU law. The subordinate legislatures issued these Bills mainly because they considered that the Westminster Bill claimed

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    MOVERS & SHAKERS

    Jurit LLP—Caroline Williams

    Jurit LLP—Caroline Williams

    Private wealth and tax team welcomes cross-border specialist as consultant

    Freeths—Michelle Kirkland Elias

    Freeths—Michelle Kirkland Elias

    International hospitality and leisure specialist joins corporate team as partner

    Flint Bishop—Deborah Niven

    Flint Bishop—Deborah Niven

    Firm appoints head of intellectual property to drive northern growth

    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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