header-logo header-logo

11 December 2017
Categories: Legal News , Brexit
printer mail-detail

Brexit takes a breath

nlj_7752_davies_3_1

​The real work starts here, lawyers have warned as they welcomed the conclusion of the first phase of the Brexit negotiations

The first phase agreement sets out a reduced role for the European Court of Justice (ECJ), with the EU conceding that it will not have direct jurisdiction over the agreement on citizen’s rights. Instead, the UK courts will have to pay ‘due regard’ to its decisions indefinitely, and can refer questions of interpretation directly to the ECJ for eight years post-Brexit.

However, both sides accept that nothing is agreed until everything is agreed.

‘The real complexity of the task will now become clear as we try to forge a new deal which works for all parties,’ said Law Society vice president Christina Blacklaws.

‘We’re particularly pleased that the UK government has asked for a two-year transition including remaining for that period in the customs union and the single market. The complexity of our relationship with the EU means that negotiations must be given adequate breathing space to achieve the best possible deal for the UK and the EU.’

Blacklaws highlighted that England and Wales is the ‘jurisdiction of choice and the second largest legal services sector in the world’.

The Law Society favours a phased approach to exit, giving citizens and businesses—particularly smaller businesses that do not have in-house legal teams—time to familiarise themselves with changes and adapt

Last week, prior to the first phase concluding, the Bar Council released a paper looking at the Irish border question, and considering how the UK could negotiate a reduced role for the European Court of Justice and tighter controls on EU migration, Brexit Paper 25: The relationship between the single market, the customs union and the European Union.

Chair of the Brexit Working Group, Hugh Mercer QC said: ‘By building on the legal framework covering the UK's existing opt-outs, the Government could solve some of the most difficult issues in the current talks while keeping the power to negotiate bi-lateral deals on agriculture, fisheries, competition, trade and environment, which would end the ECJ's jurisdiction in those areas.’

Categories: Legal News , Brexit
printer mail-details

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll