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17 October 2018
Issue: 7813 / Categories: Legal News , Brexit
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Mutual access plea for Brexit deal

Risk of a no deal Brexit casts uncertainty on EU & UK lawyers

The ‘shape of a deal’ on Brexit is now ‘clear’, prime minister Theresa May has said, despite disagreement over the Northern Ireland backstop stalling talks.

Since May’s speech to Parliament this week, however, European Council president Donald Tusk has said ‘we need new facts’ and called for ‘concrete proposals to break the impasse’. He said he had no ‘grounds for optimism’ a deal will be reached at this week’s EU summit.

Meanwhile, it has emerged that about 700 registered European lawyers (RELs) would lose the right to practise in December 2020, under a ‘no deal’ Brexit. Moreover, no new REL applications could be made from 11pm on the day of exit, 29 March 2019. RELs and EU lawyers seeking to practise in England and Wales would therefore have to requalify as a solicitor or barrister or become Registered Foreign Lawyers. Last week the government published its latest technical notice on leaving the EU, ‘Providing services including those of a qualified professional if there’s no Brexit deal’.

The regime for regulating RELs will end, subject to a transitional period lasting to the end of December 2020. Under the regime, RELs register with the Solicitors Regulation Authority (SRA) and can provide the full range of legal services, including working as a sole practitioner.

The SRA has written to all RELs, explaining how they will be affected. Applications received but still being processed on exit day will be honoured, and applicants allowed to practise until December 2020.

It said RELs will be able to qualify as a solicitor in England and Wales through the Qualifying Lawyer Transfer Scheme (QLTS) and the new Solicitors Qualifying Examination, due to be introduced at the earliest in autumn 2020.

Christina Blacklaws, president of the Law Society, said firms would incur ‘a significant amount of expense’ to find ways around the issue. The government’s notice also provided no answers for UK lawyers in the EU, who could face different barriers in each of the 30 EU/EEA countries, she said. ‘That’s why we continue to call on the government to put mutual market access at the heart of its Brexit priorities.’

Issue: 7813 / Categories: Legal News , Brexit
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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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