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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

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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