Brexit Bulletin—government consults on regulations extending powers for courts and tribunals to divert from retained EU case law

Brexit Bulletin—government consults on regulations extending powers for courts and tribunals to divert from retained EU case law

The Ministry of Justice (MOJ) has launched a six-week consultation on rules governing the departure from retained EU case law by UK courts and tribunals after IP completion day. The document consults on government proposals for exercising powers introduced into the European Union (Withdrawal) Act 2018 (EU(W)A 2018) by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), which allow ministers to make regulations designating additional courts or tribunals with the power to depart from retained EU case law, the extent to which they may do so and the test to be applied. Under the original provisions, only the UK Supreme Court and the High Court of Justiciary in Scotland have such powers. The deadline for submissions is 13 August 2020.

For further details, see: LNB News 02/07/2020 87.

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Holly joined LexisNexis in July 2014 and works primarily on the PSL Public Law module. Holly read law at university and qualified as a solicitor in private practice. Before starting her legal career, she gained experience working in local government and spent a year studying politics. Prior to joining LexisNexis, Holly worked in the Global Technology and Sourcing team at BP, supporting a variety of global procurement and compliance projects. Upon joining LexisPSL, she worked in the Commercial and LexisAsk teams before assisting with the development and launch of the PSL Public Law module. Holly looks after a number of core public law subject areas, including Brexit.