header-logo header-logo

17 October 2018
Issue: 7813 / Categories: Legal News , Brexit
printer mail-detail

Mutual access plea for Brexit deal

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
printer mail-details

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
back-to-top-scroll