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30 March 2017
Issue: 7740 / Categories: Legal News , Brexit , EU
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Brexit: Art 50 is triggered

Complex process of UK’s withdrawal from the European Union has commenced

History was made this week when Prime Minister Theresa May triggered Art 50, commencing the UK’s exit from the EU.

On 29 March a letter signed by May was delivered to EU Council President Donald Tusk in Brussels, informing him that Britain is formally invoking its rights under Art 50 of the Lisbon Treaty.

Hugh Mercer QC, of Essex Court Chambers, who chairs the Bar Council’s Brexit Working Group, said: “The giving of notice under Art 50 is the beginning of a process, or perhaps the end of the beginning.

“It sets time running for the two-year period after which the EU treaties no longer apply to the UK. It is to be hoped that an agreement with the EU, in all likelihood a transitional agreement, will be reached within that time limit.

“I would expect there to be informed debate at a political level on the options open to the UK which are less than EU membership.”

Lawyers have called for reciprocal arrangements to allow UK lawyers to practise in the EU, and vice versa, as well as continued recognition of civil and commercial judgments.

The most important element of law is the certainty it brings, says NLJ consultant editor David Greene and senior partner at Edwin Coe LLP. Greene writes in NLJ this week of the enormous complexities that lie ahead, from negotiating a deal for reciprocal rights to navigating the “web of integrating Directives and Regulations and consequent primary and secondary domestic legislation”.

“Dealing with all this in 18 months is an impossible task, particularly if the EU 27 member states don’t play ball and we will need a transition period, perhaps as a European Free Trade Association member,” he says.

“What happens to the profession will largely be in the hands of our clients. Their interests are our interests. Thus, for instance, keeping London’s primary place as the provider of financial services to the world will affect many firms.”

Greene believes lawyers will adapt to their clients’ needs and that the profession will meet the challenge with imagination and enterprise.

MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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