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30 January 2020 / David Greene
Issue: 7872 / Categories: Opinion , Brexit
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31:01:2020 — the time has come

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The UK’s position as a primary global legal centre is not going to change with Brexit, but there are some short-term challenges that we should be braced to address, says David Greene

On Friday 31 January the UK leaves the EU. It would be fair to say that this is not an outcome with which all agree, but it is happening, and for good or bad the profession has to work with the event and the consequences. Being entrepreneurial the profession will work to best effect to ensure as smooth a passage as possible to the next stage.

We have 11 months of ‘transition’ which means that while we will have left the Union it will be as though we were still a member for almost all legislative purposes. Sadly our departure has immediate effect in the European Court of Justice (ECJ) where the UK judges leave now despite the ECJ continuing to have jurisdiction in the transition period.

The Withdrawal Bill receives Royal Assent this week. Eleven months seems an extremely short period to reach agreement on

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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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