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State liability: betwixt & between Brexit

03 November 2017
Issue: 7768 / Categories: Legal News
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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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

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Jackson Lees Group—five promotions

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Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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