header-logo header-logo

15 June 2016
Issue: 7703 / Categories: Legal News , Brexit
printer mail-detail

Brexit & devolution

EU referendum: consequences of “leave” vote for NI & Wales

Lawyers are keeping a close eye on the polls in the run-up to next week’s EU Referendum, with the latest YouGov survey showing Brexit in the lead with 46% to Remain’s 39%.

While Brexit would have a huge impact on business and government across the UK, the repercussions for Northern Ireland, Scotland and Wales would be unique. The Scots, of course, could press for a second referendum and ultimately leave the UK, although their ultimate relationship with the EU is impossible to predict.

For Northern Ireland, one of the main changes would be a “hardening” of the border with the Republic of Ireland. Writing in NLJ this week, Fionnuala Connolly, 4-5 Gray’s Inn Square, says: “In the event of Brexit, it is entirely foreseeable that [the higher courts in Northern Ireland] may be faced with novel legal disputes relating to entry at the land border and indeed residence in the UK.” Connolly also anticipates changes to the functions of the British-Irish Council, particularly in EU law-related areas such as trade or animal disease controls.

Wales received about £245m more from the EU than it paid in, in 2014, according to research by Cardiff University, so the Welsh have a lot to lose in the event of Brexit. The National Assembly is limited in the extent to which it can defend Welsh interests as it has legislative competence only where specifically conferred by Westminster statute. Given that the National Assembly will therefore be dependent on Westminster to make up the funding shortfall post-Brexit, therefore, “an exit strategy that does not properly accommodate Welsh interest may trigger calls for greater devolution,” writes Catherine Grubb, Civitas Law, in this week’s NLJ.

She points out that the impact of Brexit on Wales depends on what is negotiated between Westminster and Cardiff as much as between the UK, EU and the rest of the world.

Issue: 7703 / Categories: Legal News , Brexit
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll