No-deal Brexit will choke courts with claims, warns Law Society

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Nov 02, 2017
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A hard Brexit would lead to “a tremendous volume of litigation”, the Law Society has said

Daniel Leal-Olivas/PA

Britain’s courts face gridlock if the country crashes out of the EU without a deal, legal profession leaders have warned, claiming that confusion over rights would trigger a “wave of litigation”.

Quitting the union without a trade deal also risks tarnishing the reputation of London as the venue of choice for high-value dispute resolution, according to the Law Society, the body that represents solicitors in England and Wales.

It said that the “no deal scenario” would “bring an end to a whole raft of reciprocal arrangements” such as those covering data protection, chemical regulation and security and policing collaboration. 

“We can expect a tremendous volume of litigation as companies challenge government and other agencies in the courts to obtain clarity on their legal rights,” Christina Blacklaws, the society’s vice-president, said.

“Companies operating in the UK and EU will also face the challenge of dual regulation, a burden which will fall hardest on small and medium-sized businesses. 

“Many companies will struggle to function when they are forced to wait months to understand their legal rights and obligations under a new framework.”

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