header-logo header-logo

18 November 2020
Issue: 7911 / Categories: Legal News , Brexit , Constitutional law
printer mail-detail

Last chance for EU deal

With time almost up for the UK to secure an agreement with the EU, a senior lawyer warned that, deal or no deal, ‘the outcome is not binary’

The transition period ends at 11pm on 31 December 2020. However, MEPs will vote to accept or reject the deal, and have said they need six weeks for the deal to be scrutinised, pass through committee and pass through the full plenary vote. The vote is scheduled for 16 December, although it is widely reported discussions have taken place about a possible extraordinary sitting of the European Parliament on 28 December.  

The deal must also be approved by MPs. Sticking points in negotiations reportedly include fishing rights, mechanisms for resolving disputes, fair competition rules for business and rules on domestic subsidies.

Hogan Lovells partner Charles Brasted said: ‘We know that no deal will be comprehensive. 

‘The scope of any deal, and the extent to which it pushes off the detail to later, will determine how much will change on 1 January. One thing that we know will change is how many rules are interpreted and applied in the UK.

‘Vast amounts of previously EU-derived law and regulation in the UK will be on a new legal footing from 1 January 2021 and potentially open to reinterpretation in its new post-Brexit context. Businesses in the UK whose operations are currently affected by EU law should take notice and be prepared to manage the risks and capitalise on the opportunities that could arise from this legal uncertainty. 

‘Any area of law, regulation or policy in the UK previously touched by EU law, is potentially affected. Businesses and their advisors cannot assume that familiar laws and rules will not become faux amis.’

During the transition period, EU law has mainly continued to apply in the UK as before.

Issue: 7911 / Categories: Legal News , Brexit , Constitutional law
printer mail-details

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
back-to-top-scroll