The failure to include legal services in the free trade agreement announced between the UK and India is a missed opportunity for both UK and Indian economies, the Law Society warned today. The deal, which follows three years of negotiations, will cut tariffs on goods from whisky to textiles, the government said.
However long-standing hopes for the opening of India's legal market to UK-based firms remain unfulfilled. India's legal sector remains one of the most restrictive of any major market economy.
'We welcome the UK government’s achievement as a marker of much improved trade arrangements with India but are disappointed to see that the UK-India FTA has been agreed without reference to legal services,' said Society president Richard Atkinson. 'This is a missed opportunity for a significant breakthrough in terms of market access for lawyers in both India and the UK. Legal services is an enabling sector, supporting other sectors in their own trade and investment decisions and operations. It is also part of the high-growth sectors identified in the government’s Industrial Strategy. We call on the UK government to renew its support for legal services trade between the two countries.'
India is one of the last large jurisdictions in the world in which the establishment of foreign lawyers is not possible, Atkinson said, meaning a lot of India-related legal work currently takes place outside of India. 'Greater connectivity with the UK legal services market would allow Indian companies to realise their international ambitions within India at a competitive cost. The presence of UK law firms and UK lawyers would not only facilitate international trade but also provide opportunities for young legal professionals to develop globally competitive skills, without needing to leave India for another international hub.'
Bar chair Barbara Mills KC agreed, saying: 'While the UK trade agreement with India is overall positive news for the country, we are really disappointed that it does not extend to legal services.'
She added: 'Our aim is not - and has never been - to compete with Indian law firms but rather to complement and work alongside them to enhance the international arbitration landscape.
“This was a once-in-a-lifetime opportunity to recognise the importance of legal services to the UK economy and realise the mutual benefits of enhancing the quality and efficiency of legal services in both the UK and India.'
Hopes for an Indian market opening rose in 2023 when the Bar Council of India published draft rules on the admittance of foreign lawyers. However these were challenged by the Society of Indian Law Firms.
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