WHILE freedom of movement and trade has understandably dominated the headlines, Brexit has wider implications for the UK’s legal system.
The UK’s justice system has been underpinned by European legislation since Parliament passed the European Communities Act 1972. This would no longer be the position if the UK leaves the European Union, as European legislation would no longer take priority over UK domestic law.
The move away from the European Union is likely to affect areas of the law that currently impact upon your business, regardless of where it predominately trades.
WHILE freedom of movement and trade has understandably dominated the headlines, Brexit has wider implications for the UK’s legal system.
The UK’s justice system has been underpinned by European legislation since Parliament passed the European Communities Act 1972. This would no longer be the position if the UK leaves the European Union, as European legislation would no longer take priority over UK domestic law.
The move away from the European Union is likely to affect areas of the law that currently impact upon your business, regardless of where it predominately trades. An exit package will now need to be negotiated with Brussels, which is likely to take a minimum of two years.
This will raise a number of questions in the interim period, in respect of the ongoing legal rights and obligations on businesses. During this time there will be an element of ‘papering over the cracks’ until an independent legal structure can be established.
The UK’s employment law is an area that is heavily entwined in European legislation therefore, the future of many established legal principles such as collective consultation, TUPE, working time regulations, data protection and discrimination rights (to name but a few) is uncertain.
Further, a number of commercial contracts, which are underpinned by European legislation could become frustrated. When the changes become apparent and the exit date draws near there is likely to be an increase in force majeure clauses being triggered. The need for dispute resolution is also likely to increase during these times. This highlights the need for legal advice when entering into new deals to ensure, so far as possible, that these issues are taken into account.
The ongoing validity and enforceability of registered European Community intellectual property rights, implications for the financial service markets and many other legal areas will be affected by Brexit.
Some teething problems will be inevitable and, therefore, we are likely to see an increase in the amount of reactive legislation, which could also lead to some interesting case law along the way.
Whether your allegiances lie with the In or Out campaigners, uncertain times do not have to result in negative outcomes.
Friday Legal is a specialist commercial legal practice with a dedicated team of experienced solicitors, who are on hand to work with you during these challenging times.
Friday Legal can be contacted on 01536 218888 for informal discussions and reviews of legal documentation and issues. Alternatively, contact Friday Legal at