Brexit Bulletin—FMLC responds to MoJ consultation on departure from retained EU case law

Brexit Bulletin—FMLC responds to MoJ consultation on departure from retained EU case law

The Financial Markets Law Committee (FMLC) has written to the Ministry of Justice (MoJ) in response to its consultation on whether the government’s power to designate additional courts and tribunals as having the ability to depart from retained EU case law should be extended. In its response, the FMLC urges the MoJ not to extend this power but recommends that, if the ability to depart from retained EU case law is extended to the lower courts, a stricter test should be imposed than that which is currently applied by the Supreme Court.

For further details, see: LNB News 12/08/2020 74.

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About the author:
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.