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The UK shouldn't have passed any domestic laws yet that conflict with EU law, since they're still members and bound by EU rules until the end of the notice period. That's how notice periods are generally understood to work. So there should be nothing to reconcile if they decide to kiss and make up, other than whatever symbolic concession the EU decides it wants in return, to discourage this kind of brinkmanship in the future.

As for consequential damages of the aborted attempt to alter public policy, I believe the likely response to such claims will follow the line of reasoning advanced in Arkell v. Pressdram or Cox v. Cleveland.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sat Sep 22nd, 2018 at 07:07:13 PM EST
[ Parent ]
It has been said in the UK press that the Withdrawal Bill affects some 1,000 statutes. I had joked about EU combing out the nits many months ago just to arrive at a "clean", actionable trade agreement with Tory gov after concluding A50.

The bill is an Act of Parliament now. Which means domestic laws retained and "in conflict with EU law" have most certainly been passed and endorsed by HRM.

Information about the Withrawal Bill is an index of FAQs. Apart from repeal of the ECA,

Why are we repealing the European Communities Act 1972 (ECA)?
the doc Converting and preserving law [AND NOT RETAINING] reiterates legislative purposes of the Act. Indeed, this thing was designed from the start to provide minimum compliance with EU directives needed to secure a UK favorable, bi-lateral trade agreement in the event no A50 settlement were concluded. BATNA.

Hence the "impasse" in concluding the 19 March draft settlement. A cursory review confirms that those items repealed domestically correspond with those remaining provisions UK refuses to endorse in the draft. Assurance of GFA enforcement is not the least of these, certainly.

But this agreement brings the "transition period" into effect. No signature, no transition period. This agreement compels UK compliance with EU directives in the "transition period"; it forbids UK bi-lateral FTAs with third-countries in the "transition period"; and does not restore UK voting rights in Council or EP.

It is no exaggeration to say, unwinding the Withdrawal Act will be as chaotic as it was to establish even if the ECJ were to entertain unilateral revocation of the A50. Before 31 October, which seems to be the Council's latest deadline for UK endorsement of the draft.

Finally, I don't see that either of those case citations appear among UK High Court judgments (with Miller) or pertain to UK torts litigation by persons, foreign and domestic, over, say, securities frauds or other misrepresentations of material fact. Market "uncertainty" as well as legal "uncertainty" are a powerful catalysts for turning investors into ... political activists.

Diversity is the key to economic and political evolution.

by Cat on Sat Sep 22nd, 2018 at 11:24:31 PM EST
[ Parent ]

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