This webinar looks at the ramifications Brexit will create for English qualified lawyers, especially competition solicitors.

The UK’s exit from the European Union will have ramifications for legal professional privilege across the continent, and especially for lawyers qualified in England and Wales.

The Commission has a general power to examine all documents. A narrow exemption was provided by  AM&S Europe Ltd v Commission (Case 155/79 [1982] ECR 1575) (’AM&S’).

However, the AM&S case suggests that the clients of English qualified lawyers will be unable to assert legal professional privilege arising from communication with those lawyers against the Commission should the UK cease to be an EEA member state post-Brexit.

This webinar will look at the ramifications this will create for English qualified lawyers, especially competition solicitors. 

Topics to be covered include: 

  • general principles of legal privilege in competition law cases
  • recent cases of interest to competition lawyers 
  • situations where privilege can be lost
  • the position of EEA qualified lawyers continuing to practice in the UK
  • the impact on lawyers in other member states
  • practical steps to take to prepare for Brexit.  

About the speakers

Patrick Boylan, partner, Simmons & Simmons  

Patrick is a partner and solicitor advocate (All Higher Courts) in the dispute resolution group in London. He is a commercial dispute resolution specialist with a particular focus on contentious competition matters, cross-border disputes, investigations and arbitration. He is also an expert on privilege.

Chris Owen, managing associate, Simmons & Simmons

Chris is a managing associate in the commercial litigation group in London. He is also a qualified solicitor advocate in England & Wales for all civil courts. He practices across a wide spectrum of commercial litigation disputes with a particular focus on competition litigation, energy and infrastructure matters and jurisdiction disputes.

Recorded 30 January 2018

This webinar is inclusive to your Competition Section membership.