Brexit and the law report

Since the EU referendum result, we’ve been gathering our members' views on the impact that leaving the EU could have on both their clients and their businesses.

We’ve held roundtable events across England and Wales, discussions with our expert legal policy committees and with members of our Brexit taskforce.

Both our policy committees and our Brexit taskforce are committed to helping the government with discussions and tasks in plans to withdraw from the EU.

Our priority issues

From these discussions, we’ve identified the core issues for the legal sector and justice system to be considered in the government's negotiations with the EU.

  1. Continue access for UK lawyers to practise law and base themselves in EU member states by maintaining, or introducing arrangements equivalent to:
    1. Lawyers' Services and Lawyers' Establishment Directives
    2. Professional Qualifications Directive
    3. Rights of audience before the Court of Justice of the European Union (CJEU) and legal professional privilege for communications in EU cases
  2. Maintain mutual recognition and enforcement of judgments and respect for choice of jurisdiction clauses across the EU (the Brussels I Regulation) in civil cases
  3. Maintain collaboration in policing, security and criminal justice to protect citizens, including information sharing and efficient and effective extradition arrangements
  4. Ensure legal certainty is maintained throughout the process of withdrawal so that businesses and individuals are given sufficient time to adapt to both transitional arrangements and any agreed new legal framework
  5. Ensure the government works effectively with the legal services sector to continue to promote England and Wales as the governing law of contracts, the jurisdiction of choice and London as the preferred seat of arbitration

Our priorities have been submitted to the government and we’ve had multiple meetings with key ministers, officials and parliamentarians.

We’ll continue to have regular talks with the government, parliament and wider stakeholders to highlight these priorities.

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