Monitoring the impact of Brexit on policy and law reform, and the legal profession generally, is a high priority for the Law Society.
Our response and commentary is being coordinated across the range of Policy Committees for the benefit of the profession, the public and Government.
We look forward to updating you via our policy papers, seminars and articles in the coming months and in response to the changing environment. Check in regularly for related and timely Brexit articles, reports and other resources:
State supports: opportunities for your clients
State Departments and trade agencies currently provide a range of supports to businesses as they prepare for the departure of the UK – in whatever shape that has yet to take.
Currently, two voucher schemes represent opportunities for firms to work with their clients in responding to challenges and prospects ahead.
Intertrade Ireland: ‘Start to Plan Vouchers’
As part of its Brexit Advisory Service, Intertrade Ireland provides 100% financial support up to £2000/€2000 (inclusive of VAT) towards professional advice in relation to Brexit matters.
The ‘Start to Plan Vouchers’ for professional services can apply to legal, tax, customs, supply chain and other cross border requirements. Qualifying criteria for businesses include:
- The company must be a registered small business (250 employees or less)and either an annual turnover of less than €50m or Balance Sheet total of under £43m.
- The assistance requested must relate to a cross-border issue.
- It must be a manufacturing or internationally tradable service companies.
For more information, see the InterTrade Ireland website.
Firms looking to join the panel of advisors are advised to contact 028 3083 4122 (048 from Ireland) or email@example.com.
Enterprise Ireland: Be Prepared Grant
The Be Prepared Grant offers up to €5,000 to assist in the cost of developing a strategic response to Brexit.
It is intended to provide support to clients to use external resources to undertake a short assignment to determine how the company could respond to the threats and opportunities of Brexit. The grant can be used to cover consultant’s fees, travel and expenses for both domestic and international employee travel. The support might involve:
- Researching opportunities in new markets.
- Investing in innovation to differentiate and stay ahead of the competition.
- Reviewing and optimising sourcing, transport and logistic arrangements.
- Strengthening financial and currency management.
- Preparing a worst case scenario plan.
- Understanding customs procedures with third countries.
The business must be an Enterprise Ireland client who is directly or indirectly exposed to the UK market. For more details, see the Enterprise Ireland Brexit site.
These State supports may provide a useful template to adopt for your clients. Full details of enterprise supports can be found at the can be found at the Getting Brexit Ready hub, from Department of Business, Enterprise and Innovation. See the Getting Business Brexit Ready brochure for a useful overview..
Brexit and Solicitor Qualifications
Irish qualified solicitors who wish to join the Roll in England and Wales
Solicitors based in England/Wales/Northern Ireland who wish to join the Roll in Ireland
Unless the Society otherwise determines, solicitors whose first place of qualification is England and Wales, or Northern Ireland, are not obliged to pass any subject in the QLTT.
However, you need to apply for a Certificate of Admission. Further details are available under Foreign Lawyers.
Lawyers based in the EU (ex UK) who wish to join the Roll in Ireland
If you are a national of a Member State of the European Union and are qualified to practise as a lawyer in your home Member State, you may be able to register as a foreign qualified solicitor under the Establishment Directive (98/5/EC). Further details are available under EU Registered Lawyers.
For full details on qualifying and becoming a solicitor in Ireland please see Become a Solicitor.
‘No deal’/Post-Brexit implications for the UK legal sector
The Society and the Bar of Ireland made a submission urging the Government to seize the opportunities presented by Brexit, and promote Ireland as a leading centre for legal services. Read Promoting Ireland as a leading centre globally for international legal services
Brexit in the Gazette
See below for a list of useful articles published since 2016. Have you an idea for Brexit article that relates to legal policy, areas of practice or client care? Contact our Public Affairs Manager, Cormac Ó Culáin.
- Brexit Burden Will Weigh Heavily on Ireland – Neurberger – June 2018: Mary Hallissey reports, Ireland needs to prepare for the ‘enormous financial burden’ involved in preserving the common law, post-Brexit, according to one of the recipients of the inaugural Hibernian Law Medals.
- Brexit Supports for Clients – Opportunities for Your Firm – April 2018: State departments and trade agencies currently provide a range of supports to businesses as they prepare for the departure of Britain from the EU.
- EU Must ask Itself ‘How Did We Get Here?’ – April 2018: Remaining in the customs union is the simplest and best way to continuing tariff-free trading, which is essential to the British, EU and Irish economies – north and south.
- Brexit ‘In Name Only’ Says Scottish Prof – Jan/Feb 2018: Jim Gallagher believes that Brexit will eventually be couched in terms of a “co-prosperity sphere”.
- Brexit, Growth, and the Economy are the Main Challenges for 2018 – Dec 2017: Brexit, growth, and the economy are the main challenges cited in this year’s Smith & Williamson survey of Irish firms. The survey of 115 mixed-size legal firms was conducted by Amárach Research during September and October 2017.
- Brexit Refugee Solicitors Enrolling but not Arriving – Dec 2017: Ken Murphy discusses the arrival of one London-headquartered international law firm in Dublin since Brexit. Are rumours of a British invasion post Brexit appear to be somewhat overstated?
- New President sets Sights on Regulatory and Brexit Challenges – Dec 2017: New Law Society president, Michael Quinlan signalled his key challenges for the year ahead, which included the impact of Brexit on the legal profession.
- Brexit Should Take as Long as is Required – Nov 2017: Former Taoiseach Enda Kenny says Brexit should take as long as is required until we find a solution.
- Should I stay or should I go - July 2016 - Some of the promises made by the Brexiteers’ during the recent referendum on EU membership were based on a fundamental misunderstanding of the nature of the economic and political union between member states. Gary Fitzgerald holds the door ajar.
- Brexit IP Dividend – April 2018: Intellectual property on-shoring to Ireland rather than Britain will be a key dividend of Brexit according to Matheson.
- Carpe Diem? - Oct 2016 (2 of 2): In their second article on the impact of Brexit on intellectual property, Helen Johnson and Jane Bourke focus on protected geographical indications, trademarks and designs, trade secrets, litigation and commercial contracts.
- Another fine mess! - Aug/Sept 2016 (1 of 2)- The Brexit results continue to stun. In a two-part article, Helen Johnson and Jane Bourke consider the potential impact on intellectual property rights in both Britain and Ireland and ask whether Britain’s setback is Ireland’s gain.
- Let’s call the whole thing off - June 2017: In a follow-up to ‘Separation anxiety’ by Keith Walsh in the May issue, Jennifer O’Brienassesses the impact of Brexit on international family law cases.
- Separation Anxiety - May 2017: The folly of Brexit may be visited on divorcing couples where there is an interjurisdictional dispute involving Britain – this will not only affect wealthy litigants, but also those who can least afford it, writes Keith Walsh.
- Brextradition - Jan/Feb 2017: Brexit is set to have a significant impact on extradition between Ireland and Britain. Ray Briscoetakes a look at how such business could be conducted post-Brexit
- Breaking Bad - Dec 2016: Brexit could result in British banks being unable to sell their services throughout the EU – and international financial institutions might scale back their operations and move elsewhere. Cillian Bredin and Kate Curneen sense some bad chemistry for Britain’s financial services sector.
The following links may assist in understanding the issues arising from Brexit. The sources are generally governmental, and also include a number of think-tanks that offer differing perspectives on legal issues that arise in this area.
Irish agencies, bodies and institutions
Other Law Societies/Bar Council
CCBE Guidelines for Bars & Law Societies
International Bar Association
Other EU links
Members can sign up for LawWatch - a weekly email for the Law Society of Ireland Library with the latest judgments, legislation and journal articles.
View a sample newsletter - LawWatch on 9 November 2017.
To subscribe, contact firstname.lastname@example.org.
Library's Brexit reading list
The Library also offers a reading list of Brexit resources to members of the Law Society.
For more information on Library resources, visit the library online or contact email@example.com
Please note: The Society does not accept responsibility for the content of external links. Practitioners and other visitors should check that the information accessed through external links is up-to-date. The above is intended merely to assist practitioners.
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