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21 April 2020
Issue: 7883 / Categories: Legal News , Brexit
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Two months to stop no-deal Brexit

MPs returned to the Commons this week (only virtually, for most) with just over two months until the 1 July deadline for extending the Brexit transition period

With the economic fallout of COVID-19 difficult to quantify but predicted to be tough, many have questioned the wisdom of moving from the security during transition of EU trade deals to a no-deal situation on 31 December. Last week, Joe Owen, programme director at independent thinktank the Institute for Government, argued that the coronavirus pandemic ‘renders the government’s Brexit timetable essentially impossible’.

Owen pointed out that the pandemic negates the perceived benefits of Brexit―’trade deals and greater control over immigration and regulations’―as governments are too preoccupied with the coronavirus to negotiate, travel is all but suspended and ‘regulatory freedom makes little difference to an economy in deep freeze’. Therefore, he argues, as the benefits are postponed, why not also postpone the cost?

The government has reiterated that it will not extend the transition period.

In a House of Commons Library article this week, Graeme Cowie, researcher at the Library, sets out the legal and procedural hurdles that would need to be overcome, including the additional obstacle of parliament legislating in time.

A one-off extension is possible, and must be for no more than two years. It would need to be agreed by a decision of the UK-EU Joint Committee (a body created by the Withdrawal Agreement) by 1 July. Domestic legislation would need to be passed. However, Cowie says the physical chamber is limited to about 50 MPs during the coronavirus crisis and, under current rules, only those physically present can register their vote.

Issue: 7883 / Categories: Legal News , Brexit
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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