Brexit worst case scenario

Prime minister Theresa May struggled to rally the Cabinet and MPs around a draft deal this week, as solicitors turned to professional guidance for advice on minimising the risks of a no deal Brexit.

The Law Society launched the first four guidance papers in a series last week, explaining the risks no deal presents for the provision of legal services in the EU, civil and commercial disputes, data and family law.

For example, the Brussels II Regulation helps families resolve disputes about divorce and child custody where parties live in more than one EU state. Under the regulation, EU courts automatically recognise judgments on matrimonial and parental responsibility.

However, Brussels II will no longer apply once Britain leaves the EU. Neither will the Maintenance Regulation, which helps ensure the payment of maintenance in cross border situations.

On financial disputes between businesses and individuals, Law Society president Christina Blacklaws said: ‘There are currently no international conventions that can be used to help and the result is that the enforcement of these judgments will depend on the national law or the possibility of relying on old bilateral conventions from the 1920s or 1930s.

‘Furthermore, it’s not clear, for example, what will happen with ongoing cases if we exit the EU without a deal. Our presumption is that as there is no reciprocity and no agreement on ongoing cases, even the judgments from these cases are not enforceable under the reciprocal EU rules.’

David Greene, NLJ consultant editor and senior partner at Edwin Coe, said: ‘The government has published a series of “technical papers” which set out the consequences of our departure from the EU without a negotiated agreement in various areas including civil justice co-operation. 

‘The Law Society has followed that lead with papers that address issues arising in practice for solicitors. The Law Society on behalf of the profession has made it clear that a no deal exit would be disastrous.

‘It is difficult to predict exactly the effect but the Law Society’s papers address the major issues that will arise so that solicitors address and prepare for those in case a deal is not done.’