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20 April 2018 / Julian Acratopulo
Issue: 7789 / Categories: Opinion , Brexit
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Litigation futures

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Uncertainty remains regarding the impact of Brexit on London’s legal community, as Julian Acratopulo explains

Notwithstanding that the 12 month countdown to 29 March 2019 has begun, uncertainty remains regarding the impact of Brexit on London’s legal community.

Perhaps of most immediate concern to London’s litigators is the uncertainty around jurisdiction and recognition and enforcement post-Brexit. This is because recognition of the jurisdiction of the English courts and the enforcement of its judgments in Europe currently depend primarily on the Brussels I Recast Regulation. The most recent draft of the European Commission Withdrawal Agreement, published on 19 March 2018, shows that EU and UK negotiators cannot yet agree on even the policy objectives in this area, let alone the detailed practicalities. Nine months on, this lack of progress does not sit comfortably with the plea made by Lord Thomas in July 2017 in his Mansion House speech to the judiciary for ‘urgent clarification’ and the ‘clearest commitment’ by the UK’s government on these issues. The likelihood of a transition deal and the government’s commitment to joining the

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
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’ 
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