Increasing fear of a no-deal Brexit has led the Law Society to issue a series of papers guiding solicitors on steps they can take to minimise the risks in family law, data and civil disputes.
The series launched last week with four papers on providing 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 the custody of children where they involve parties in more than one EU state. Under the regulation, EU courts automatically recognise judgments delivered in other EU states on matrimonial and parental responsibility.
However, Brussels II will no longer apply to the UK once we leave 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.
‘And while, at the moment, court judgments in Britain are recognised in EU countries and vice versa, once we leave there is a risk parallel cases may be taken up in multiple jurisdictions. Not to mention that the parties will need two legal teams to run these cases as the qualified lawyers are no longer able to represent their clients in each other’s jurisdictions.
'This will push the cost of litigation beyond the reach of many small and medium-sized businesses.’
Blacklaws added: ‘What seems certain is that anything cross border is likely to be more expensive and more complex—our members and the general public need to be ready for that.’
As Brexit negotiations continued this week, media outlets reported that it was looking increasingly unlikely a draft deal would be agreed this month.
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