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Deal or no deal?

22 November 2018 / David Greene
Issue: 7818 / Categories: Opinion , Brexit
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Whether or not the latest Withdrawal Agreement succeeds, Brexit is still likely to launch a thousand writs, says David Greene

The latest version of the draft Withdrawal Agreement lies before us, but we are no nearer to concluding what the outcome of all the political events will be as we head towards the EU exit. Mine is not to speculate, but to contemplate the two main possible outcomes and the effect on civil justice: a departure with no deal, or a departure largely on the basis of the draft Withdrawal Agreement.

Status update

The Withdrawal Agreement is of course simply a preliminary agreement dealing with the immediate consequences of departure next March. It proposes in the main a transition period until the end of 2020 while the longer-term relationship is negotiated. The agreement provides that the period may be extended, by the newly created Joint Committee, as long as the extension is agreed by July 2020. It might thus be better termed a Transition Agreement; that was how it appeared in its original

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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