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Mutual access plea for Brexit deal

17 October 2018
Issue: 7813 / Categories: Legal News , Brexit
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Risk of a no deal Brexit casts uncertainty on EU & UK lawyers

The ‘shape of a deal’ on Brexit is now ‘clear’, prime minister Theresa May has said, despite disagreement over the Northern Ireland backstop stalling talks.

Since May’s speech to Parliament this week, however, European Council president Donald Tusk has said ‘we need new facts’ and called for ‘concrete proposals to break the impasse’. He said he had no ‘grounds for optimism’ a deal will be reached at this week’s EU summit.

Meanwhile, it has emerged that about 700 registered European lawyers (RELs) would lose the right to practise in December 2020, under a ‘no deal’ Brexit. Moreover, no new REL applications could be made from 11pm on the day of exit, 29 March 2019. RELs and EU lawyers seeking to practise in England and Wales would therefore have to requalify as a solicitor or barrister or become Registered Foreign Lawyers. Last week the government published its latest technical notice on leaving the EU, ‘Providing services including those of a qualified professional if there’s no Brexit deal’.

The regime for regulating RELs will end, subject to a transitional period lasting to the end of December 2020. Under the regime, RELs register with the Solicitors Regulation Authority (SRA) and can provide the full range of legal services, including working as a sole practitioner.

The SRA has written to all RELs, explaining how they will be affected. Applications received but still being processed on exit day will be honoured, and applicants allowed to practise until December 2020.

It said RELs will be able to qualify as a solicitor in England and Wales through the Qualifying Lawyer Transfer Scheme (QLTS) and the new Solicitors Qualifying Examination, due to be introduced at the earliest in autumn 2020.

Christina Blacklaws, president of the Law Society, said firms would incur ‘a significant amount of expense’ to find ways around the issue. The government’s notice also provided no answers for UK lawyers in the EU, who could face different barriers in each of the 30 EU/EEA countries, she said. ‘That’s why we continue to call on the government to put mutual market access at the heart of its Brexit priorities.’

Issue: 7813 / Categories: Legal News , Brexit
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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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