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30 January 2020 / David Greene
Issue: 7872 / Categories: Opinion , Brexit
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31:01:2020 — the time has come

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The UK’s position as a primary global legal centre is not going to change with Brexit, but there are some short-term challenges that we should be braced to address, says David Greene

On Friday 31 January the UK leaves the EU. It would be fair to say that this is not an outcome with which all agree, but it is happening, and for good or bad the profession has to work with the event and the consequences. Being entrepreneurial the profession will work to best effect to ensure as smooth a passage as possible to the next stage.

We have 11 months of ‘transition’ which means that while we will have left the Union it will be as though we were still a member for almost all legislative purposes. Sadly our departure has immediate effect in the European Court of Justice (ECJ) where the UK judges leave now despite the ECJ continuing to have jurisdiction in the transition period.

The Withdrawal Bill receives Royal Assent this week. Eleven months

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MOVERS & SHAKERS

Cripps—Radius Law

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Commercial and technology practice boosted by team hire

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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
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