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19 November 2018
Issue: 7818 / Categories: Legal News , Brexit
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Brexit in the City

City lawyers’ initial reactions to the draft Brexit treaty have been broadly positive.

The 585-page document, published last week, outlines the terms of the UK’s withdrawal from the EU but must first make its perilous journey through Parliament, amid growing clamour for second referendum and acrimonious divisions within the political parties.

However, Hogan Lovells finance partner Rachel Kent said the deal was ‘probably as much as we could hope for at this stage’.

She said she hopes ‘that equivalence decisions will be made before the end of the transition period to provide further certainty for businesses’. Under regulatory equivalence, the European Commission can designate a third country’s rules and regulatory systems ‘equivalent’ to its own and allow certain business activities to take place.  

‘The door is still open to conversations about increases in scope where there are economic benefits to both parties,’ Kent said. ‘The industry’s concerns about processes have also been heard and these will be considered. I don’t see that any doors have been closed.’

On competition law, her colleague at the firm, partner Angus Coulter, said: ‘The draft treaty provides welcome points for practitioners, regulators and business—both clarity and the substance of what is proposed.

‘The provisions make clear that the Commission will not have to drop the UK element of existing merger reviews and antitrust investigations, meaning that the UK's Competition and Markets Authority will not have to launch duplicative inquiries. They also give guidance on which investigations will be saved by these provisions. UK lawyers will remain able during the transition period to represent clients in the EU courts.

‘Otherwise, the level playing field provisions of the draft treaty reintroduce the core elements which the EU competition law currently provide for EU-UK trade, on anticompetitive agreements, abuses of dominance and mergers. Probably most importantly, the UK (and the EU) are required to give effect to these rules taking into account the EU rules and case law as these evolve—not a snapshot of EU jurisprudence at the date of leaving (which is what the UK no-deal backstop in this area takes as its starting point).’

Issue: 7818 / Categories: Legal News , Brexit
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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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