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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll