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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll