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A commitment this significant would have had to have been explicit, not implicit
This assertion is nonsense, legally and otherwise: no court would imply such a term
So this would be a simple breach by UK
And UK needs more than ever to be serious about international agreements https://twitter.com/DavidDavisMP/status/1282632952032133123
This assertion is nonsense, legally and otherwise: no court would imply such a term
So this would be a simple breach by UK
And UK needs more than ever to be serious about international agreements https://twitter.com/DavidDavisMP/status/1282632952032133123
Terms can be implied into legal instruments by courts, but the tests are strict
To assert that the WA was contingent on an implied term that a FTA would be in place is nowhere close to meeting any test for implying a term
To assert that the WA was contingent on an implied term that a FTA would be in place is nowhere close to meeting any test for implying a term
That a term should be "implied into an agreement" is not a phrase to be bandied about politically
It has an exact legal meaning, and there are exacting legal tests for such implication
And so it takes more than a mere assertion by a politician to imply a term into any agreement
It has an exact legal meaning, and there are exacting legal tests for such implication
And so it takes more than a mere assertion by a politician to imply a term into any agreement
The UK's post Brexit future depends on being taken seriously as a party to new international trade agreements
Demands by politicians for UK to breach negotiated agreements is irresponsible and counterproductive
Who would then trust UK to honour a trade agreement?
Demands by politicians for UK to breach negotiated agreements is irresponsible and counterproductive
Who would then trust UK to honour a trade agreement?
The EU gave an impression that there would be a FTA at the end of the transition period?
Maybe, though probably not, but this is a matter of politics
Agreeing to a FTA was an implicit term of the withdrawal agreement?
No, and that is matter of law
Maybe, though probably not, but this is a matter of politics
Agreeing to a FTA was an implicit term of the withdrawal agreement?
No, and that is matter of law
