header-logo header-logo

15 September 2020
Issue: 7902 / Categories: Legal News , Brexit , Constitutional law
printer mail-detail

Breaking international law

The controversial Internal Market Bill survived its second reading this week, despite unprecedented condemnation from senior lawyers, including former Conservative attorneys general Geoffrey Cox, Jeremy Wright and Dominic Grieve

MPs voted 340-263 for the Bill, which gives ministers powers to ‘disapply’ rules relating to the movement of goods between Northern Ireland and Great Britain and to State aid ‘notwithstanding’ any incompatibility with international law or domestic law.

Attorney-General Suella Braverman had issued a statement defending the Bill under the principle of Parliamentary sovereignty.

However, her predecessor Cox QC labelled the Prime Minister’s actions ‘unconscionable’, and warned ministers have ‘a duty to interpret and execute both the [Withdrawal] Agreement and the [Northern Ireland] Protocol in good faith’.

Northern Ireland Secretary Brandon Lewis had previously told the House of Commons the Bill breached international law ‘in a specific and limited way’.

Law Society president Simon Davis said: ‘The rule of law is under attack.

‘It is because of our commitment to the rule of law that our system of justice is respected globally, that countries want to do trade deals with the UK.’

A Law Society and Bar Council briefing on the Bill highlighted that Clauses 41-45 ‘enable ministers to derogate from the obligations of the UK under international law in broad and comprehensive terms and prohibit public bodies from compliance with such obligations.

‘They represent a direct challenge to the rule of law, which includes the country’s obligations under public international law.’ There was a ‘significant risk of violation’ of international law, the briefing noted, which would have implications for ‘the UK’s position as a centre for international legal practice and dispute resolution, and the global use of English law’.

Moreover, there would be ‘negative consequences’ in relation to ‘civil judicial cooperation and enforcement of judgments. The Bill could be highly prejudicial to the government’s application to accede to the Lugano Convention,’ and ‘the provisions could raise significant conflict… with regard to judicial review.’

There are reports this week that the government may climb down to the extent of adopting Sir Bob Neill MP’s amendment, which would give Parliament rather than Ministers the role of initiating any breach of international law.

 

Issue: 7902 / Categories: Legal News , Brexit , Constitutional law
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

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
back-to-top-scroll