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22 November 2018 / David Greene
Issue: 7818 / Categories: Opinion , Brexit
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Deal or no deal?

Whether or not the latest Withdrawal Agreement succeeds, Brexit is still likely to launch a thousand writs, says David Greene

The latest version of the draft Withdrawal Agreement lies before us, but we are no nearer to concluding what the outcome of all the political events will be as we head towards the EU exit. Mine is not to speculate, but to contemplate the two main possible outcomes and the effect on civil justice: a departure with no deal, or a departure largely on the basis of the draft Withdrawal Agreement.

Status update

The Withdrawal Agreement is of course simply a preliminary agreement dealing with the immediate consequences of departure next March. It proposes in the main a transition period until the end of 2020 while the longer-term relationship is negotiated. The agreement provides that the period may be extended, by the newly created Joint Committee, as long as the extension is agreed by July 2020. It might thus be better termed a Transition Agreement; that was how it appeared in its original guise some months ago, but the draft now published does

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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