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09 September 2016 / Frank Maher
Issue: 7713 / Categories: Features , Brexit
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Brexit: a risky business?

What does Brexit mean for law firm risk, asks Frank Maher

Already there are press reports that some leading law firms are battening down the hatches in anticipation of either a full recession, or at least a downturn in activity in particular sectors such as real estate, following the UK’s referendum decision on 23 June 2016 to leave the European Union.

The risks to business and the wider economy have been widely explored in the press, and law firms can expect, to some extent, to follow the fortunes of their clients, but what are the professional liability risks which law firms may face? As we enter uncharted waters, this article attempts to explore some preliminary thoughts on where those risks may lie.

Cream of the crop

Many of the lawyers advising on Brexit issues will be among the cream of the profession and will doubtless have a thorough grounding in the area of law in which they practise. Errors of law were an infrequent source of claims in the past, but this is

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NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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