Brexit: Implications on the legal system

On 23 June 2016 the UK decided to leave the EU, which no doubt came as a shock to everyone, including those who voted to leave. Nobody expected to wake up the following morning to see that the UK has left and that as a result the Prime Minister, who sanctioned the referendum, had resigned.

There is huge uncertainty, anxiety, nervousness and perhaps a degree of excitement in relation to how the UK will progress and prosper. Will trade deals be easier to enter into? Would immigration now be controlled? Will general everyday purchases be cheaper? The UK will soon hopefully find out with our new Prime Minster.

Whoever is appointed would need to address our judicial system and how it will be governed. The UK arguably has in place one of the best legal systems in the world, but now there is growing concerns among legal professionals as to when and by whom would legislation be redrafted. Thousands of laws would need to be considered and redrafted. Areas of laws such as Employment and Consumer Rights is heavily derived from EU law, for example rules governing statutory pay and the sales of goods respectively. Whether there will be a complete wipe out off current legislation, something which Boris Johnson implied post the EU referendum, remains to be seen. Moreover, there are question marks around the governing jurisdiction and choice of law clauses when entering into contracts with companies from EU member states. There is an abundant of questions from barristers, lawyers and judges that needs to be addressed promptly from the government, at least before Article 50 of the Lisbon Treaty is triggered.

However, there is some good news, at least for those who voted remain. Presently, nothing changes. All laws remain the same until notice to withdraw from the EU membership has been filed to Brussels, which nobody actually knows how that is done and what the requirements are. Once notice has been filed, the UK will have two years to negotiate with Brussels as to how it will govern their future relationship with the EU. In our view it will take significantly longer than two years to negotiate given how the UK has been so reliant on the EU over the last 40 years.