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28 June 2018 / David Greene
Issue: 7799 / Categories: Opinion , Brexit
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Brexit: more than Marmite

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The uncertainty surrounding Brexit goes beyond ‘loving it or hating it’, says David Greene

It would be underplaying the divisions over Brexit to suggest it’s like Marmite: you love or hate it. Brexit gets passions flaming in a way that is relatively unique in the British polity, vide the thousands who turned out for an anti-Brexit demonstration last week. While there are many who still do not think Brexit will happen or that it will happen in name only (coined as ‘BRINO’), as lawyers we search out something concrete, some certainty. One could work on the basis that the government will deliver what it says it will deliver but that remains circumspect, particularly with ministers saying the country is prepared to crash out of the EU next March. Those preparations must be taking place under cover because most would say that the UK seems wholly unprepared for that event, although we are starting to see others, including European industry, making those preparations.

Planning for the worst

I was pleased to join Mary Arden

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NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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