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30 March 2017
Issue: 7740 / Categories: Legal News , Brexit , EU
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Brexit: Art 50 is triggered

Complex process of UK’s withdrawal from the European Union has commenced

History was made this week when Prime Minister Theresa May triggered Art 50, commencing the UK’s exit from the EU.

On 29 March a letter signed by May was delivered to EU Council President Donald Tusk in Brussels, informing him that Britain is formally invoking its rights under Art 50 of the Lisbon Treaty.

Hugh Mercer QC, of Essex Court Chambers, who chairs the Bar Council’s Brexit Working Group, said: “The giving of notice under Art 50 is the beginning of a process, or perhaps the end of the beginning.

“It sets time running for the two-year period after which the EU treaties no longer apply to the UK. It is to be hoped that an agreement with the EU, in all likelihood a transitional agreement, will be reached within that time limit.

“I would expect there to be informed debate at a political level on the options open to the UK which are less than EU membership.”

Lawyers have called for reciprocal arrangements to allow UK lawyers to practise in the EU, and vice versa, as well as continued recognition of civil and commercial judgments.

The most important element of law is the certainty it brings, says NLJ consultant editor David Greene and senior partner at Edwin Coe LLP. Greene writes in NLJ this week of the enormous complexities that lie ahead, from negotiating a deal for reciprocal rights to navigating the “web of integrating Directives and Regulations and consequent primary and secondary domestic legislation”.

“Dealing with all this in 18 months is an impossible task, particularly if the EU 27 member states don’t play ball and we will need a transition period, perhaps as a European Free Trade Association member,” he says.

“What happens to the profession will largely be in the hands of our clients. Their interests are our interests. Thus, for instance, keeping London’s primary place as the provider of financial services to the world will affect many firms.”

Greene believes lawyers will adapt to their clients’ needs and that the profession will meet the challenge with imagination and enterprise.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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