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23 February 2018 / Michael Zander KC
Issue: 7782 / Categories: Features , Brexit , Constitutional law
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The House of Lords & the EU Withdrawal Bill (Pt 2)

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This week, Michael Zander considers retained EU law & modified powers

  • The Constitution Committee has called for changes regarding the Parliamentary procedures for passing the hundreds of statutory instruments that will be required.

The Constitution Committee’s report on the European Union (Withdrawal) Bill (HL Paper 69, January 29, 2018) says: ‘[T]he creation of retained EU law by the Bill will introduce uncertainties and ambiguities into the law. These will be compounded if the Bill does not direct the courts clearly as to how they should go about the task of interpreting retained EU law.’ (para 125)

In regard to pre-exit retained EU law that has not been modified, clause 6(3) of the Bill provides that questions as to interpretation will be determined by reference to any retained case law and any retained general principles of EU law. Only the Supreme Court and the High Court of Justiciary in Scotland would be free to depart from pre-exit decisions of the European Court. In deciding whether to depart from any retained EU case law they ‘must apply

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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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