Corporate weekly highlights—6 December 2018

Corporate weekly highlights—6 December 2018

This week’s edition of Corporate highlights includes various Brexit-related updates, including the publication of the Attorney General’s advice to Cabinet on the legal effect of the Withdrawal Agreement, the government’s legal position statement on the Withdrawal Agreement, the opinion of the Attorney General of the European Court of Justice on whether the UK can revoke its Article 50 notice unilaterally, and the publication of the Business Contract Terms (Assignment of Receivables) Regulations 2018, SI 2018/1254 which came into force on 24 November 2018. It also includes case analyses on two recent unfair prejudice petitions and the Takeover Panel’s recent statement in the Rangers and King matter.

In this issue:


Brexit Bulletin—Government publishes Attorney General’s advice as Parliament debates the Brexit deal

On 5 December 2018, the government published the Attorney General’s advice to Cabinet on the legal effect of the Withdrawal Agreement. The advice comprises a 6-page letter setting out the Attorney General’s legal advice on the Protocol on Ireland/Northern Ireland (only), which the government states is the full and final legal advice. In publishing the document, the government has emphasised that it should not set a precedent for any future release of Law Officers’ advice.

The advice outlines the operation of the Northern Ireland Protocol, contrasting the position in Northern Ireland, Great Britain and the UK as a whole. It examines the ‘indefinite nature’ of the backstop, the option to extend the 21 month transition/implementation period in the alternative, the review mechanism for terminating the backstop once superseded and the impact of the backstop arrangement for the EU. It largely echoes the points made by the Attorney General in the position statement (as

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