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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 Wurtzel 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
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
For one night only at Middle Temple Hall (Sunday 26 July 2026) – Abigail Bright introduces the famed annual fundraising theatrical event. This year, Martin Shaw and Jason Watkins perform John Mortimer’s The Dock Brief, a mixture of farce and pathos and all in support of the work of the Kalisher Trust in its 30th year
