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03 November 2017
Issue: 7768 / Categories: Legal News
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State liability: betwixt & between Brexit

The recent Irish case of Farrell 2 is ‘especially welcome in the shadow of Brexit’, writes insurance law solicitor Nick Bevan in this week’s NLJ.

The case, in which a woman sitting in the back of an uninsured van suffered grave injuries, is important because the European Court of Justice found that an EU Directive has direct effect on the motorists of Ireland, including those parts of the directive not yet written into domestic law.

Bevan says the direct effect finding may be particularly useful in the run-up to Brexit ‘as there is a distinct risk, in this twilight period of EU law primacy, that a court might feel disinclined to apply a robust EU law consistent construction to bridge one of these lacunae’. The ruling means individuals can ‘rely directly on the wording of a Directive in an ordinary civil action’.

However, he concludes, ‘Sadly, this EU law remedy will probably lapse for all claims that postdate Brexit.’

Issue: 7768 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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