Cerulean Chambers

Theresa May is facing huge pressure from pro-Brexit MPs as her feuding Cabinet ministers prepare to meet in a ferocious showdown on Government policy on customs.

The Government has suffered a heavy defeat in the House of Lords after rebel peers backed a “wrecking amendment” which threatens to weaken Theresa May’s negotiating hand and prevent the UK leaving the European Union.
Last night Brexiteers described the upper chamber as a “cosy cabal of Remain” as peers voted by 335 to 244 to back an amendment to the EU Withdrawal Bill which would hand MPs the power to send ministers back to Brussels if Parliament rejects the Brexit deal.

The proportion of law trainees who have experienced mental health problems has more than doubled in the last year, a survey has found, as junior lawyers continue to report severe levels of stress.

The Cabinet's stance on a post-Brexit customs union with the EU was thrown into fresh doubt today after a minister stopped short of saying Britain had to leave it to honour the referendum result.

Ireland’s EU commissioner has urged Theresa May to face down the “immoderate ideology” of Brexiters and reconsider her position on remaining in a customs union with the EU.
Phil Hogan, the commissioner for agriculture, will tell the senate in the Irish parliament on Thursday that remarks by Jacob Rees-Mogg about Ireland’s beef trade with Britain were “unhelpful and irresponsible”.

Alfie Evans' parents are to challenge a High Court ruling that they cannot take the seriously ill toddler to Italy for treatment.
On Tuesday a High Court judge said they could take him home from Alder Hey hospital, but not abroad.
A spokeswoman for the Christian Legal Centre, representing Alfie's parents, said their appeal is due to be heard at the Court of Appeal on Wednesday afternoon

The home secretary has pledged that the Windrush generation will be granted British citizenship as the government attempted to draw a line under the scandal by describing her apology as “just the first step”.
Amber Rudd told the Commons she recognised the “harrowing” experiences of the Caribbean immigrants who helped rebuild postwar Britain and that she was determined to right the wrongs that had taken place.

The government immigration agencies at the centre of the Windrush scandal are "rife" with discrimination and harassment, a survey of their own employees reveals.
Official documents show staff at Border Force reporting high levels of discrimination, with almost one in four (23 per cent) saying they had experienced it.

European Union officials are set to reject a potential U.K. solution to the crucial issue of what happens to the Irish border after Brexit, deepening the stalemate in negotiations.

The British government refused to assist a French investigation into suspected money laundering and tax fraud by the UK telecoms giant Lycamobile – citing the fact that the company is the “biggest corporate donor to the Conservative party” and gives money to a trust founded by Prince Charles.

Britain is still at risk of crashing out of the EU without a Brexit deal or transition period if it does not produce a solution to the Irish border issue, the president of the European Council has warned.
Donald Tusk said Britain had "caused the problem" in Ireland by voting for Brexit and would therefore have to help solve it.
His comments, made in the European Parliament, come on the first day of talks between negotiators on the future relationship between Britain and the UK - something the British side has wanted since last year.

A parliamentary logjam will mean the government is likely to struggle to pass vital legislation paving the way for leaving the EU before the parliamentary vote on the final Brexit deal.
Almost half of all the legislation that is needed has yet to be even introduced by ministers.
MPs returned to parliament on Monday after the Easter recess – the 123rd day that parliament has sat since the general election – but the government is still to pass a single piece of Brexit legislation.

The parents of a boy at the centre of a life-support treatment battle are to launch another legal challenge.
Tom Evans, 21, and Kate James, 20, will ask court of appeal judges on Monday to allow their 23-month-old son, Alfie Evans, to continue to receive treatment.

Russia has warned the US that launching air strikes in response to a suspected chemical attack in Syria could spark a war between the two countries.

Mark Zuckerberg has indicated Facebook is considering investigating researchers at the University of Cambridge, where the researcher at the centre of a data breach affecting 87m users was based.
Speaking on day two of his testimony to US lawmakers, the Facebook founder and chief said his company had found "a whole programme associated with Cambridge University".

A Yemeni human rights group has filed a lawsuit in a Paris court against the visiting Saudi crown prince, Mohammed bin Salman, accusing him of complicity in torture in their country, in what may prove an embarrassment for the French government as it welcomes its powerful guest.
A French lawyer representing the Legal Center for Rights and Development filed the suit against the crown prince, currently in France on an official visit, for his leading role in the Saudi-led coalition’s airstrikes against Iran-backed Houthi rebels in Yemen.

European Union fears of a no-deal Brexit intensified tonight after officials admitted it would mean Britain would regain TOTAL control of its fishing waters. #europeanunion #brexit #fishingwaters #eu #BritishWaters

Top Tip No 4 – Don’t try to impose obvious penalties or punishments for breaches of contract
Sensible commercial parties think ahead to what may result from a breach of contract. Sometimes the losses suffered by either party might be difficult, and costly, to calculate. So long go lawyers invented “liquidated damages clauses” (“LDCs”) to make calculation easy.
All well and good but it’s important not to overegg the pudding. LDC should not equal penalty or punishment for a ...breach of contract. So it is important to be measured and realistic. If the clause is considered punitive then the court may strike it down and the parties are back to square one. By all means, make sure that you are not selling yourself down the river but a sense of reality is important. It is almost always worth asking a commercial barrister what she thinks. Commercial barristers are very experienced in dealing at the sharp end i.e. in court when it all goes wrong.
So TOP TIP: ALWAYS CHECK OUT WITH A COMMERCIAL BARRISTER WHETHER YOUR LDC IS GOING TO WORK OR NOT.
We’ll be sending you more Top Tips over the next few weeks to put your business in the best possible legal position. Or ring us anytime if you have a particular concern.
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