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Family Section

Brexit: ‘common law can't replace mutual recognition deals’

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Enforcing the return of children abducted during family breakdowns and resolving international business disputes within Europe are among the legal cases likely to become more difficult after Brexit, a parliamentary committee has warned.

A report by the Lords’ European Union Committee states that unless the government acts quickly to duplicate the current system of mutual recognition of judgments, families and small businesses could face real hardship.

The committee’s report, Brexit: justice for families, individuals and businesses? notes evidence by the Law Society that the prospect of uncertainty is already discouraging foreign businesses from naming England and Wales as the jurisdiction of choice in commercial contracts.

The committee, chaired by Baroness Kennedy of the Shaws (Helena Kennedy QC), examines the likely lapse of three regulations when, as promised, the UK leaves the jurisdiction of the Court of Justice of the EU. 

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