header-logo header-logo

05 September 2018
Issue: 7807 / Categories: Legal News , Brexit
printer mail-detail

No deal spectre causes jitters

Lawyers face uncertainty about post-Brexit dispute resolution & enforcement

Brexit secretary Dominic Raab has described a no deal exit as ‘unlikely’, in a statement to MPs on his talks with the EU’s chief negotiator.

He said the government’s 25 technical notices contained advice for businesses if there is no deal. However, he said such a scenario would bring ‘countervailing opportunities’, enabling the UK to lower tariffs and negotiate new free trade deals and allowing ‘the immediate recovery of full legislative and regulatory control, including over immigration policy’.

Sir Keir Starmer, the shadow Brexit secretary, said the government had not yet got an answer to the Northern Ireland border issue and had not put forward a credible plan.

Philip Rycroft CB, permanent secretary at the Brexit department, declined to specify when the government would decide that there was going to be no deal, stating it would be ‘somewhere between October and March’.

Giving evidence to MPs this week, he also refused to deny the government plans to install portaloos on motorways for lorry drivers stuck in traffic jams due to the reintroduction of EU border checks. He said the UK would try to make arrangements with the EU to minimise disruption in the event of no deal but could not say how that would happen.

Meanwhile, lawyers face ongoing uncertainty about post-Brexit dispute resolution and enforcement.

One proposal in the government’s Brexit White Paper, published in July, is for a Joint Committee—the composition is unknown apart from that there would be members from both sides—which could become involved where the Supreme Court and the European Court of Justice provide conflicting caselaw. In a recent LexisNexis interview, Matthew Buckle, senior associate at Norton Rose Fulbright, said the Paper was ‘short on detail’—the Joint Committee could ‘simply be a forum’ where members ‘work out an amicable resolution’ or, alternatively, it was ‘conceivable (but not yet clear) that the proposal is for the Joint Committee to provide an opinion or ruling (whether binding or not)’.

However, the Paper ‘does seem to acknowledge what will be a key point for the EU negotiators which is that only the Court of Justice can bind the EU on the interpretation of EU law,’ he said.

Issue: 7807 / Categories: Legal News , Brexit
printer mail-details

MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

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
back-to-top-scroll