header-logo header-logo

State liability: betwixt & between Brexit

03 November 2017
Issue: 7768 / Categories: Legal News
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll