Brexit round-up – 10/07/20
9th July, 2020
Welcome to this, our latest Brexit round-up. Each week we provide a succinct round-up of the latest news surrounding the Brexit process, so you can keep abreast of the issues which are likely to affect your organisation.
Consultation launches on post EU court powers
The Ministry of Justice has launched a campaign seeking views from the legal sector, businesses and judiciary on whether other British courts should have the power to depart from retained EU case law after the transition period at the end of the year. At present, only the UK Supreme Court and the High Court of Justiciary in Scotland will have this power from 31 December 2020 and the consultation seeks view on whether this should be extended to other courts so they can make decisions without following EU case laws. This would include decisions such as those concerning our fisheries, borders or taxes. The consultation proposes that the powers be extended to either the Court of Appeal of England and Wales and its closest equivalents in Northern Ireland and Scotland or these courts and the High Court in England and Wales and its closest equivalents in Northern Ireland and Scotland. Lord Chancellor Robert Buckland said “At the end of the transition period it is absolutely right that British courts have the final say on legal disputes, where appropriate. We will work with judges and the legal sector to decide exactly which courts should have the power to depart from retained EU case law and will set out our plan in due course.”
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If you have any questions about any of the issues which are raised, or would like to discuss your own organisation’s options during the Brexit process, please do not hesitate to get in touch.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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