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26 May 2017 / Martin Burns
Issue: 7747 / Categories: Features , Brexit , EU , Property
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Shaky foundations?

EU law underpins the provision of dispute resolution to resolve property & construction disputes, says Martin Burns. So what will happen post-Brexit?

An inevitable consequence of the decision by the UK to leave the EU is uncertainty. This is particularly so for those of us who are involved in property and construction.

Brexit compels the industry to examine the adequacy of regulatory systems, and the extent to which some EU law will stay and some is swept away. It obliges us to explore the modifications which will be required, or not, across all areas, including: investment, procurement, financing, and sourcing labour and materials.

One area where it is unclear as to how Brexit will impact is in the way the UK property and construction sector manages conflict and resolves disputes. EU law underpins the provision, operation and enforcement of different forms of dispute resolution. When that law ceases to apply in the UK, the nature of the legal regime that replaces it is clearer in some areas than in others.

Ultimately, repercussions for dispute resolution

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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