Brexit: the Nike election?

The outcome of the general election has given the Conservatives a healthy majority with which, for better or worse and regardless of one’s personal politics, they can and will “Get Brexit Done”. It could be said that swathes of the electorate have given the Prime Minister a mandate direct from the sportswear giant Nike*“Just do it”.

In this sense at least, the Prime Minister has freed himself and his party from the limitations of minority government and also, perhaps, of the need to accommodate Brexiter ‘ultras’ in his own party. There is perhaps some irony that the price of the Conservative and Unionist Party achieving this is a significant electoral shift away from unionism (with a small u) in both Scotland and Northern Ireland.

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How might the December election affect the whiplash reforms?

The shortest, most accurate, answer is that we simply do not know.

The ‘purdah’ period before the election will see far fewer (if any) communications from civil servants about progress in building the IT platform and refining the policy. Key decisions were to be taken by the Civil Procedure Rule Committee in order to shape the necessary statutory instrument(s) and rules governing the overall scheme of whiplash reform (as outlined in part 1 of the Civil Liability Act 2018) and changes to the small claims track limit.

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Aspects of medical treatment for fertility may raise questions of liability to others

Three ongoing matters should be noted:

First is a wide-ranging examination of surrogacy by the Law Commission. Its consultation paper ‘Building families through surrogacy: a new law’ closed earlier this month and proposed creating new regulation around surrogacy and clearer controls on associated payments. Post-consultation recommendations are likely to emerge some time in the next year or so.

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