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Brexit and ‘physical presence’ requirements for Irish professionals resident in the UK

Published on: 23 November 2020
Published by: LexisPSL
  • Brexit and ‘physical presence’ requirements for Irish professionals resident in the UK
  • Solicitors qualified in England and Wales
  • Trade mark agents
  • A potential discrimination claim under the EU-UK Withdrawal Agreement?
  • Other possible avenues—the CTA?
  • Conclusion

Article summary

Public Law analysis: As the end of the Brexit transition period draws near, complexities associated with navigating cross-border regulatory regimes have been increasingly brought to the fore. The Law Society of Ireland’s announcement, confirming a ‘physical presence’ requirement for solicitors intending to practise in Ireland, has highlighted wider post-Brexit issues surrounding residency requirements and recognition of qualifications for regulated professionals on the British/Irish border. Irish regulators have seemingly doubled down on residency requirements for both solicitors and trade mark agents, effectively disallowing such professionals to register and practise in Ireland should they be ordinarily resident in the UK. What is at stake? Stephen Parkinson, senior partner at Kingsley Napley LLP, explores the various issues arising from these decisions, and considers the possible protections contained in the UK-EU Withdrawal Agreement and the Common Travel Area (CTA) arrangement. or take a trial to read the full analysis.

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