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09 June 2016
Issue: 7702 / Categories: Legal News , Brexit
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Planning for Brexit

Lawyers prepare for referendum vote on 23 June

Lawyers are focused on the implications of Brexit, with two weeks left before the UK goes to the polls.

Larger firms have created Brexit teams and issued briefings to advise clients on the consequences of leaving the UK.

Berwin Leighton Paisner, for example, is advising its clients to ensure contracts are “future-proofed” to provide for the implications of a Brexit, and to plan for negative consequences and opportunities.

One major repercussion for businesses would be the impact on data privacy. These are “tumultuous” times for businesses that need to transfer electronic data, according to Lauren Grest, legal researcher, Kroll Ontrack, and Mark Surguy, partner at Weightmans. The proposed EU-US Privacy Shield—the replacement for the Safe Harbor agreement—is still being debated, while the General Data Protection Regulation (GDPR) is due to take effect in 2018.

Writing in NLJ this week, Grest and Surguy spell out the key questions: what legislative regime would govern the UK, and how would the UK do business with the EU if the UK does not have to comply with the GDPR?

While it would be a relief for many businesses not to have to comply with the “onerous” GDPR, which requires companies to nominate a compliance officer, they would discover a “whole new web of red tape” once new agreements were negotiated. The UK would have to be declared a “safe area” therefore comply with GDPR requirements. It could end up in the same boat as the US, which is still struggling to negotiate the EU-US Privacy Shield. The combined power of 27 countries “has formidable leverage in negotiations”, Grest and Surguy say, and a post-Brexit UK could end up subject to GDPR just as much as if it had never left.

Issue: 7702 / 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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