
Recognition of the need for change is the key first step to effecting change, says Julian Acratopulo
The much used observation that the only thing certain about Brexit is its uncertainty, remains as applicable today as it did 12 months ago. The government’s Brexit white paper has done little to allay concerns among legal practitioners about the post-Brexit landscape.
The white paper’s Free Trade Agreement (FTA) approach to services leaves some, including the Bar Council, concerned that the UK will be forced to negotiate different bilateral agreements with the other 27 member states. The switch to a FTA could also mean that UK legal professionals lose their right to advise on both EU and UK law in the other member states and in the CJEU. Given that UK legal services sector exports are currently valued at almost £4bn per year, practitioners and the judiciary must continue to focus on ensuring the English courts will remain as attractive to international litigants as they did before Brexit.
One feature which has attracted international litigants for numerous years, is the English disclosure regime. Litigants the world over