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31 July 2019
Issue: 7851 / Categories: Legal News , Brexit , Profession , Legal services
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No deal scenario looms

GDPR, immigration & enforcement among issues facing profession post-Brexit

Law firms are bracing themselves for no deal after the government pledged a Halloween Brexit come what may.

The prime minister stepped up his bullish rhetoric this week, refusing to meet with EU leaders unless they scrap the Irish backstop, while Cabinet minister Michael Gove said the government was assuming no deal would be the most likely outcome. 

David Greene, senior partner at Edwin Coe and NLJ consultant editor, said: ‘Leaving the EU without a deal seems, according to the new administration, to be a looming reality despite the legions advocating against it. 

‘The Law Society like many other bodies representing professional services has campaigned against a “no deal” but then so has the Confederation of British Industry, the Institute of Directors, the City and very many others.

‘Many of the larger firms have prepared for no deal but for smaller firms it is more difficult. Some of the issues that need to be addressed are, for instance, transfer of data under the General Data Protection Regulation (GDPR) after departure, enforcement of judgments, immigration issues for staff and for clients and the effect on child arrangements in divorce, and practice rights in the EU, particularly on a “fly in fly out” basis. 

‘In a transition period we would have the “luxury” of working on these over time, but no deal means no time. The profession will deal with it and will be there for clients, but like all things, preparation is the key to success, and this preparation cannot wait.’

More than 2,700 solicitors have registered in Ireland so they can keep their EU practising rights post-Brexit, and some of the larger firms have opened offices there. However, it is not yet clear that those lawyers will be able to practise from outside of Ireland, and the Law Societies of England and Wales and of Ireland are currently in discussion about this point.

Last week, Law Society president Simon Davis warned the prime minister: ‘Preserving the legal sector’s strong economic contribution will require continued close co-operation with the EU and depend on the continued ability of UK lawyers to practise there.’

Issue: 7851 / Categories: Legal News , Brexit , Profession , Legal services
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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