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Brexit and UK Law: Theresa Mays phase 1 deal - a good start for both civil and commercial litigation

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In amongst the recent flurry of political activity that resulted in last week’s phase 1 Brexit agreement, solicitors and law firms throughout the UK are generally pleased with the impact that the current direction of travel should have on UK law.

The key element contained in the joint report from the EU and the UK government regards the contentious issue of the protection of citizens’ rights in a post-Brexit Europe, both for UK and citizens, with UK Courts now to be responsible for ‘due regard’ regarding decisions handed down by the Court of Justice of the EU (the CJEU). This would revolve around an ongoing interchange of case law between the two Courts and regular judicial discussion, with the ultimate aim being a consistent interpretation of citizens’ rights.

The report also makes clear the overall need for ‘legal certainty and clarity’ across all areas of commercial and civil law and litigation, in particular that current EU law will continue to be applied in the area of contract law to ensure that there is consistency and certainty for businesses’ before the UK finally leaves the EU.

Christina Blacklaws, present of the UK’s Law Society said:

We’re particularly pleased that the UK government has asked for a two-year transition including remaining for that period in the customs union and the single market. The complexity of our relationship with the EU means that negotiations must be given adequate breathing space to achieve the best possible deal for the UK and the EU.

Whilst the current state of play is good news for businesses and employers both in the UK and the EU, it is also clear that there is still a long way - involving a lot of legal and political complexity - to go.

If you have a commercial, contract or professional negligence claim, see if the team at Advantage can help. Contact us here, or call on 0800 160 1298

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