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30 March 2017
Issue: 7740 / Categories: Legal News , Brexit , EU
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Brexit: Art 50 is triggered

Complex process of UK’s withdrawal from the European Union has commenced

History was made this week when Prime Minister Theresa May triggered Art 50, commencing the UK’s exit from the EU.

On 29 March a letter signed by May was delivered to EU Council President Donald Tusk in Brussels, informing him that Britain is formally invoking its rights under Art 50 of the Lisbon Treaty.

Hugh Mercer QC, of Essex Court Chambers, who chairs the Bar Council’s Brexit Working Group, said: “The giving of notice under Art 50 is the beginning of a process, or perhaps the end of the beginning.

“It sets time running for the two-year period after which the EU treaties no longer apply to the UK. It is to be hoped that an agreement with the EU, in all likelihood a transitional agreement, will be reached within that time limit.

“I would expect there to be informed debate at a political level on the options open to the UK which are less than EU membership.”

Lawyers have called for reciprocal arrangements to allow UK lawyers to practise in the EU, and vice versa, as well as continued recognition of civil and commercial judgments.

The most important element of law is the certainty it brings, says NLJ consultant editor David Greene and senior partner at Edwin Coe LLP. Greene writes in NLJ this week of the enormous complexities that lie ahead, from negotiating a deal for reciprocal rights to navigating the “web of integrating Directives and Regulations and consequent primary and secondary domestic legislation”.

“Dealing with all this in 18 months is an impossible task, particularly if the EU 27 member states don’t play ball and we will need a transition period, perhaps as a European Free Trade Association member,” he says.

“What happens to the profession will largely be in the hands of our clients. Their interests are our interests. Thus, for instance, keeping London’s primary place as the provider of financial services to the world will affect many firms.”

Greene believes lawyers will adapt to their clients’ needs and that the profession will meet the challenge with imagination and enterprise.

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
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
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