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30 March 2017 / David Greene
Issue: 7740 / Categories: Opinion , Brexit , EU
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Art 50: a wish list for lawyers

Triggering Art 50 is not quite the road to nowhere but the profession & our clients need certainty, says David Greene

So the time has come. The Art 50 Notice is served and we are on our way. To where remains to be seen, but certainly for wholesale change in our relationship with the EU and possibly the rest of the world. Potential change is nowhere more notable than in civil justice and rights.

Brexercise

Parliamentary committees are taking evidence and churning out reports on many aspects of the Brexit exercise (or the new diminutive, “Brexercise”). Perhaps the two that readers will wish to refer to primarily are “Implications of Brexit for the justice system” by the House of Commons’ Justice Select Committee and “Brexit: justice for families, individuals and businesses?”, recently published by the EU Select Committee of the House of Lords.

Others too are publishing papers apace on issues and resolutions. The Law Society has taken pole position to assist the government and Parliament and

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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