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International Committee and EU Law Committee
International Committee and EU Law Committee
‘Has anything become clearer about Brexit?’ was the opening question posed by Amanda Pinto QC, Chair of the Bar’s International Committee. The answer must be a qualified No, despite the best efforts of the distinguished panel.
Hugh Mercer, QC, Chair of the Bar Council Brexit Working Group quickly took us through key issues for the Bar. Barristers who are already in a legal establishment in an EU country (eg dual qualified) will be deemed resident and will be allowed to continue to practise there. Those who provide legal services in the EU ad hoc will be at the mercy of local rules unless something is agreed in the negotiations. Cooperation in civil and criminal law matters requires reciprocity and matters in dispute have always been adjudicated by the European Court. That cooperation will also end without an agreement.
Evanna Fruithof, Consultant Director, Bar Council Brussels Office, cast a sombre light on the prospects for the future. She explained that the EU approach to negotiations was well known long before the triggering of Art 50. The EU has thus been surprised at how unprepared the UK has been, and at our lack of clarity as to what the UK is actually seeking. With time running out the Commission is being realistic in preparing for eventualities.
Rhodri Williams QC of the Wales and Chester Circuit and Mercer highlighted three of the problems in the current withdrawal Bill: a potential ‘land grab’ by Westminster viz the devolved Assembly; the broad powers given to Ministers and how they can be challenged; and the basis on which judges can apply European Court judgments, with the knock-on problem of how barristers can advise their clients with any certainty.
Paul McGarry SC, Chairman of the Bar of Ireland and Liam McCallum QC Chairman of the Bar of Northern Ireland agreed about the effect of Brexit on the Good Friday Agreement. The cornerstone of the Agreement is free movement, a common travel area without a physical border, and that Northern Irish citizens are EU citizens. That is incompatible with a hard Brexit, which makes the border problem (omitted from the Prime Minister’s Florence speech) insoluble. As with so much else, the EU awaits this country’s clear proposals.
Delegates were given a conference app to vote on issues including ‘do you think there will be an ongoing role for the Court of Justice of the European Union after the Brexit date?’ (80% voted yes); and ‘will the concept of proportionality introduced into UK law survive Brexit?’
David practised at the criminal Bar for 27 years and is a door tenant at 18 Red Lion Court. Prior to his retirement, he was a consultant in the CPD department at City Law School and consultant editor of Counsel. David is a member of the Counsel Editorial Board.
‘Has anything become clearer about Brexit?’ was the opening question posed by Amanda Pinto QC, Chair of the Bar’s International Committee. The answer must be a qualified No, despite the best efforts of the distinguished panel.
Hugh Mercer, QC, Chair of the Bar Council Brexit Working Group quickly took us through key issues for the Bar. Barristers who are already in a legal establishment in an EU country (eg dual qualified) will be deemed resident and will be allowed to continue to practise there. Those who provide legal services in the EU ad hoc will be at the mercy of local rules unless something is agreed in the negotiations. Cooperation in civil and criminal law matters requires reciprocity and matters in dispute have always been adjudicated by the European Court. That cooperation will also end without an agreement.
Evanna Fruithof, Consultant Director, Bar Council Brussels Office, cast a sombre light on the prospects for the future. She explained that the EU approach to negotiations was well known long before the triggering of Art 50. The EU has thus been surprised at how unprepared the UK has been, and at our lack of clarity as to what the UK is actually seeking. With time running out the Commission is being realistic in preparing for eventualities.
Rhodri Williams QC of the Wales and Chester Circuit and Mercer highlighted three of the problems in the current withdrawal Bill: a potential ‘land grab’ by Westminster viz the devolved Assembly; the broad powers given to Ministers and how they can be challenged; and the basis on which judges can apply European Court judgments, with the knock-on problem of how barristers can advise their clients with any certainty.
Paul McGarry SC, Chairman of the Bar of Ireland and Liam McCallum QC Chairman of the Bar of Northern Ireland agreed about the effect of Brexit on the Good Friday Agreement. The cornerstone of the Agreement is free movement, a common travel area without a physical border, and that Northern Irish citizens are EU citizens. That is incompatible with a hard Brexit, which makes the border problem (omitted from the Prime Minister’s Florence speech) insoluble. As with so much else, the EU awaits this country’s clear proposals.
Delegates were given a conference app to vote on issues including ‘do you think there will be an ongoing role for the Court of Justice of the European Union after the Brexit date?’ (80% voted yes); and ‘will the concept of proportionality introduced into UK law survive Brexit?’
International Committee and EU Law Committee
International Committee and EU Law Committee
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
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Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt
