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16 October 2018 / David Wolchover
Categories: Features , Brexit , EU
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Litigating Brexit at the eleventh hour

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David Wolchover considers two impending challenges

  • Unreasonable actions, unlawful overspending and excluded expats: could it be possible that the outcomes of two upcoming lawsuits might cause a domino effect leading to the cancellation of the UK’s withdrawal from the EU?

With the Chequers proposals all but rejected at Salzburg by the 27 member states of the European Union (EU27) mounting fears are turning to panic that an impasse in the Brexit negotiation process will lead to the UK ‘crashing out’ of the EU without a deal on 29 March 2019. Indeed, the government’s perceived lack of direction may be shifting opinion significantly towards remaining in the EU (see Michael Savage, ‘More than 100 seats that backed Brexit now want to stay in EU’, The Observer, 11 August 2018; Nicholas Cecil, ‘Poll of polls: now we want to stay in,’ Evening Standard, 8 October, 2018). While the general thrust of polling suggests a high count in favour of, at the very least, a second referendum

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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