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13 October 2017 / Eleanor Moodey
Issue: 7765 / Categories: Features , Brexit , Family
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The long farewell: leaving the EU (Pt 3)

In this Brexit update Eleanor Moodey addresses the practical issue of future dilemmas for international families

 

  • Interactions with the CJEU for international family law are, and will continue to be, extensive.

Ever since the announcement of the Brexit vote, and the triggering of Article 50 on 28 March 2017, lawyers and politicians have been debating what the impact will be for those areas of UK law currently created by and enmeshed with EU Treaties, Regulations and Directives. The implications for businesses and the economy have dominated both political and press coverage. Family lawyers were therefore hopeful that the publishing of the Government paper on cross-border judicial cooperation on 22 August 2017 would provide some clarification

The Government’s paper

The paper’s stated aim is for continued co-operation following Brexit between the UK and the remaining 27 EU member states.

Whilst the aim is laudable, and surely one with which everyone can agree, the fact is that, without alternative legal arrangements in place, the EU Regulations will cease

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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
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