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18 November 2020
Issue: 7911 / Categories: Legal News , Brexit , Constitutional law
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Last chance for EU deal

With time almost up for the UK to secure an agreement with the EU, a senior lawyer warned that, deal or no deal, ‘the outcome is not binary’

The transition period ends at 11pm on 31 December 2020. However, MEPs will vote to accept or reject the deal, and have said they need six weeks for the deal to be scrutinised, pass through committee and pass through the full plenary vote. The vote is scheduled for 16 December, although it is widely reported discussions have taken place about a possible extraordinary sitting of the European Parliament on 28 December.  

The deal must also be approved by MPs. Sticking points in negotiations reportedly include fishing rights, mechanisms for resolving disputes, fair competition rules for business and rules on domestic subsidies.

Hogan Lovells partner Charles Brasted said: ‘We know that no deal will be comprehensive. 

‘The scope of any deal, and the extent to which it pushes off the detail to later, will determine how much will change on 1 January. One thing that we know will change is how many rules are interpreted and applied in the UK.

‘Vast amounts of previously EU-derived law and regulation in the UK will be on a new legal footing from 1 January 2021 and potentially open to reinterpretation in its new post-Brexit context. Businesses in the UK whose operations are currently affected by EU law should take notice and be prepared to manage the risks and capitalise on the opportunities that could arise from this legal uncertainty. 

‘Any area of law, regulation or policy in the UK previously touched by EU law, is potentially affected. Businesses and their advisors cannot assume that familiar laws and rules will not become faux amis.’

During the transition period, EU law has mainly continued to apply in the UK as before.

Issue: 7911 / Categories: Legal News , Brexit , Constitutional law
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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