The Law Society would like to hear from Civil Litigation Section members about their views on how a number of areas may be affected by Brexit and, in particular, any transitional arrangements that may need to be put into place.

The Law Society would like your views on how the following areas may be affected by Brexit:

  1. Reciprocity – for example, where the legal framework is based on mutual recognition of rights or standards. Examples here will highlight where the UK will need to negotiate a new legal basis with the EU 27, and won’t be able to simply rely on transposition through the Great Repeal Bill.
  2. International obligations and standards – for example, obligations flowing from UN treaties etc, and in particular, what obligations have been incorporated into UK law as a result of EU membership; which result from the UK being a dual signatory with the EU; and which rely on sole UK accession.
  3. Impacts from the UK’s removal from participation in EU bodies, particularly relating to institutional capacity – for example, arrangements that might need to be put in place to establish regulatory regimes in the UK following Brexit. Also, what legislation would no longer ‘make sense’ without reference to an EU institution and would therefore require new UK institutions or arrangements to supervise regulatory regimes.

The Law Society and Civil Justice Committee would like to have an initial view by the end of March 2017, so that we can collate responses for discussion at our next meeting. Please do get in touch with us at All responses will be anonymised.