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05 September 2018
Issue: 7807 / Categories: Legal News , Brexit
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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
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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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