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23 June 2016
Issue: 7704 / Categories: Legal News , Brexit
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EU referendum: the UK decides…

Lawyers concerned over UK’s future post-Brexit

Whatever the result this week, the EU Referendum has stirred a cauldron of lawyers’ concerns—not least the issue of a post-Brexit bid for independence by Scotland.

In a series of articles published by Matrix Chambers, Countdown to the EU Referendum, Rhodri Thompson QC argues that post-Brexit the UK would have significantly reduced influence over the development of EU law. This “would amount in practice to a very substantial loss of control over the content of rules that would have to be observed within the UK…that might be regarded as a significant loss rather than gain in national sovereignty”.

Aidan O’Neill QC, also of Matrix Chambers, argues that the reason the UK’s membership of the EU has assumed central stage is “our asymmetric devolution”. O’Neill says: “The anxiety that is really being expressed here is about the status of England-unrepresented in either the British union or the EU.”

In the eventuality of a post-Brexit independent Scotland choosing to remain in the EU, “the holding of the new status of Scottish citizenship would bring with it the benefits of being an EU citizen”.

“For example, the siting of corporate headquarters in Edinburgh rather than London would be presented as allowing companies full access to the single European market which might be denied to those who choose to remain based now outside the EU in the rest of the UK.”

Meanwhile, Seamus Smyth, partner at Carter Lemon Camerons, warns that “Brexit will damage the pound for years”.

He says: “No-one knows what ‘gaining sovereignty’ will deliver. Less immigration? Hardly—if the UK is better off after Brexit it will be even more attractive, and we cannot patrol every inch of sea border—let alone the non-existent land border with Ireland—and the EU won’t help us.

“Less red tape? Hardly—in our digitised, risk-super-sensitive, insurance-strangled, society where seemingly only entitlement matters and contribution is ignored, the UK may be free to make laws without EU interference, but the influence of insurance, health and safety, Freedom of Information, Data Protection Act, and PC attitudes will be undiminished, EU or no EU.”

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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