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22 May 2019 / David Greene
Issue: 7841 / Categories: Opinion , Brexit , Constitutional law
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Brexit: the final round (or two)?

Formal constitutional upheaval can mask the vast amounts of work being undertaken on all sides to find a workable Brexit, says David Greene

I spend much time with European colleagues talking about Brexit. Many ask what is going to happen. They think that I have some greater insight than Theresa May. I suppose I might but it’s pure speculation. As practitioners we remain in a period of great uncertainty as do clients. Most have now taken steps to prepare for both a no deal Brexit or a deal with a transition period. Law firms are doing similarly and there is much happening below the surface.

Progress at home & abroad

The Labour Party has been pressing for a customs union and stipulated it as one of its preconditions to an agreement with the Government. Some assume that a customs union assists the profession (as distinct from its clients) but a simple customs union, like most free trade agreements, addresses goods rather than services. Further, the important Directives that regulate the

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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