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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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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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