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09 August 2018 / Julian Acratopulo
Issue: 7805 / Categories: Opinion , E-disclosure , Brexit
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Disclosure: take 2

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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

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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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