LNB News: Lord Sales gives speech on implications of Brexit and coronavirus (COVID-19)

Lexis®Library update: The speech, which was delivered virtually, covered the role of retained EU law, the effect of Brexit on the UK’s relationship to other common law jurisdictions, and the impact of coronavirus on the operation of British courts.

Lord Sales explained to the conference how retained EU law operates within the post-Brexit UK legal system. He delved into the body of law retained by the European Union (Withdrawal) Act 2018 as amended by the European Union (Withdrawal Agreement) Act 2020, the status of pre-Brexit Court of Justice of the EU decisions, and the ability of UK courts to depart from retained EU case law as provided by the European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020.

With regards to relationships with other common law jurisdictions, Lord Sales has indicated that he feels that these relationships will likely be strengthened and cited commentary on the resurgence of common law doctrines.

Lord Sales shared his concerns that coronavirus will have a very serious impact on the effective operation of the courts and highlighted the immense backlog in the criminal courts, which was exacerbated by the pandemic. However, he also expressed optimism with regards to remote hearings and virtual technology, which he has said will likely have a defined purpose in the long term. In Lord Sales’ view, online adjudication may provide a means to reduce the time and cost involved in settling disputes and improving access to justice.