Whether you voted Remain or Leave, the fact is Brexit is going to have ramifications in terms of legal issues. While most Government statements have suggested that any UK laws will largely be modelled on existing European legislation, there are still some concerns. For example, currently, if you wish to appeal a verdict, you can take your case to the European court of appeal. Therefore, it is important to know whether or not you will still be able to do this after the Brexit process has been agreed and finalised.
One aspect that some people may not consider is that there are certain rules that the UK and other countries have agreed to that are not strictly bound to the EU. This includes the European Convention on Human Rights, something that has been agreed to before the UK became a part of the EU.
In practical terms, what this means is that certain cases could still be put to a European court. However, it would depend on the context, and this is where it can get complicated.
A recent example has concerned religious clothing. In one instance, a person wanted to wear a Christian crucifix, despite the company banning people from wearing jewellery. In the end, the decision was made by the EU that although they recognised the company wanted to maintain a certain image, they did also respect that this was not a decorative item.
In another instance, a Muslim woman wearing a headscarf was not allowed to at work, because it felt it undermined neutrality under an EU ruling. After Brexit, there may be the possibility that a UK ruling could be different, as it would not have to refer to European law.
Where this leaves the law is in how far someone can take an appeal if they feel that a verdict was unlawful or needed to be reconsidered. In a post-Brexit UK, there is the possibility that the Supreme Court would be the last place someone would be able to appeal a case, and this is potentially problematic, especially if someone may feel that they are being discriminated against.
Of course, the counter-argument to that is there may be a restructuring after Brexit, and a further appeal may be brought in as a replacement for taking a case to the European court of appeal. There is also the fact that this option may still be in place once the Brexit negotiations have been finalised.
If you are concerned about how you can appeal a case or how Brexit might potentially affect a case that is currently affecting you, please contact us today. We have a team of specialist legal professionals who can also provide you the help and service you deserve. As a family firm with a long-standing tradition of being there for our clients, our motto of “Big enough to specialise, small enough to care” remains as true now as it ever did.