header-logo header-logo

10 December 2020
Issue: 7914 / Categories: Legal News , Brexit , EU
printer mail-detail

U-turn on international law breach threat

‘Eleventh hour change of heart’ on Internal Market Bill welcomed

Downing Street has retreated on plans to enact legislation that would enable the UK to breach international law.

Just 24 hours before, MPs had rejected the House of Lords’ 22 amendments to the Internal Market Bill, including Peers’ removal of the clauses in Part V that would permit a breach of international law by allowing the government to override parts of the UK-EU Withdrawal Agreement as well as ouster clauses to prevent recourse to the courts.

On the next day, however, the Cabinet Office issued a joint statement by the co-chairs of the EU-UK Joint Committee―European Commission Vice-President Maroš Šefčovič and the UK Chancellor of the Duchy of Lancaster, Michael Gove―that an agreement in principle had been reached. It stated that in exchange for arrangements on border checks on goods ‘not at risk’ of entering the EU, ‘the UK will withdraw clauses 44, 45 and 47 of the [Bill], and not introduce any similar provisions in the Taxation Bill’.

Amanda Pinto QC, chair of the Bar Council said: ‘We are very pleased that the government has pulled back from its plans to breach international law, which flew in the face of a principle that is central to the very fabric of our society.

‘This U-turn should not have been necessary. We are disappointed that the initiative was ever adopted, but this course of action should demonstrate to all―including our potential trade partners―that Britain holds itself to the rule of law.

‘We hope that any damage to our reputation and global position that may already have been done, is limited.’

Law Society president David Greene said: ‘Proposing to breach an agreement just entered into, breaking international law, even if in a “specific and limited way” was shocking so we welcome this eleventh hour change of heart. Had this step not been taken the reputation of the jurisdiction would have suffered greatly.’

Meanwhile, the prime minister warned the chances of securing a UK-EU trade deal on goods were ‘looking very, very difficult’. He flew to Brussels on Wednesday of this week for face-to-face meetings with Ursula von der Leyen, the Commission president, which ended in an agreement for talks to continue. There are three main sticking points: fishing rights, competition rules and enforcement.

Issue: 7914 / Categories: Legal News , Brexit , EU
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