We will always love you

As we went to press, Great Britain was on the cusp of a monumental national milestone. But that was then and this is now. Brexit is ‘done’, as Boris Johnson promised. Except it’s not done. We have – depending on your bent – fallen like lemmings over the cliff in national suicide or stepped into a bright future free of the shackles of the European Union and reclaimed our purse strings. At their final appearance in Brussels, our members of the European Parliament linked arms with colleagues and sang an emotional Auld Lang Syne. There were tears, of joy or sadness – who knows? But as the EU parliament and the soon-to-be third country sang their mutual farewells, any observer would have had a hard heart not to be moved, whether or not you think Great Britain has downgraded to Little Britain. Even the European Commission president Ursula von der Leyen marked the end of the 47-year marriage telling the UK: “We will always love you.” The UK – from the government to the man on the street – spent three years arguing, pleading, dissecting and seething.

Hardened remainers and toughened brexiteers stood their ground, but Prime Minister Theresa May surpassed them all with her formidable determination to drive her deal through parliament. But it wasn’t enough. The people’s representatives could not be persuaded – the Irish border Brexit brainteaser a key factor in the refusal to toe May’s line. Meanwhile, a faction of voters shifted their allegiance as the stakes got higher. A brave few admitted voting the wrong way (I should know, I was one of them – and not because one of my sisters refused ever to forgive any leave voter…). Indifferent or wavering citizens lost patience pleading with government to get us out of the EU. They wanted it all over. After a politically tumultuous climax, May’s successor Boris Johnson worked his charms and succeeded where she didn’t. The Irish backstop was ditched. The EU said it wasn’t possible. It proved itself a turncoat and Boris’ deal was done. Yet one thing is clear: nothing has really changed.

Not yet. Brexit is not ‘done’. No wand worked its magic as the clock struck 2300 on 31 January 2020; nor did some dark force create national confusion. Our normal daily routine continues. Our food and fuel have not doubled in price and ferries bearing UK citizens have not sunk in the English Channel. That’s not to say there’s no immediate impact. There are, for example, concerns about the supply of specialist medicines, and we immediately left the Common Agricultural Policy and the Common Fisheries Policy.

And the legal profession? Lawyers have analysed the legal and regulatory implications for three years or more. Yet we know little more now we’ve officially left the EU than we did the week before. At times it has felt as though we knew everything but knew nothing. Extricating our laws and regulations from the EU’s will be like separating overcooked strands of spaghetti without implements. Business uncertainty remains and we’re none the wiser as to how the UK/EU trading relationship will look at the end of 2020. So as trade deals are discussed and negotiations continue, lawyers on the ground would be forgiven for feeling they’re treading along in the dark. Clients naturally want legal certainty and many UK lawyers need to know how their qualifications are to be recognised by member states.

A snapshot of EU law (and domestic laws implementing it) will be taken at the end of the transition period. Conversion of some sources of EU law into retained EU law will then begin – undoubtedly posing a huge challenge for government and legislators. We know readers will welcome expert insights as the transition period progresses, and in this first post-Brexit edition, Helen Simm starts the ball rolling with an overview of the regulatory impact in some sectors.

Nicola Laver is editor of Solicitors Journal and a non-practising solicitor