header-logo header-logo

26 May 2017 / Martin Burns
Issue: 7747 / Categories: Features , Brexit , EU , Property
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll