How Will Brexit Affect UK Law?

February 7, 2020 3:02 pm

The European referendum resulted in the UK voting to leave the European Union. Leaving the political implications of that vote, it does open the question as to what legal framework will replace EU law once the transition period is over. In this article, we will be looking at ways in which Brexit will (or could potentially) affect UK law.

Laws

The first thing to clarify is that leaving the EU does not mean the end of EU law. What has changed since the vote is that even though there is no direct enforcement, these laws are part of the UK legal system in what is referred to as “retained EU law.”

Essentially, this has been done in order to make the transition to a UK system as simple and as smooth as possible. For example, rules on cross border healthcare will continue.

After the Brexit date has been confirmed, a judge must respect EU law but has the right to not follow the rule if they feel it is not necessary.

Human rights

Sometimes people can mistakenly refer to some things as part of the EU. For example, the European Court of Human Rights is not an EU institution. Therefore, leaving the EU may not have as much of an effect on this as people may think, though this may depend on the UK’s continuing commitment to the European Court of Human Rights.

Trade

One area where this could be potentially made more complicated is in terms of trading with other countries. Estimates on the level of EU influence on UK law varies from 13 per cent to 62 per cent. How this changes after Brexit (and whether or not a deal with the EU is secured) could potentially affect the sale of goods, services and digital content.

Keeping up to date

It is, of course, easy to forget that laws are changing all the time, regardless of whether or not they are UK or EU influenced. It is important to be kept up to date, especially when it comes with working with businesses from other countries.

This is why at Larcomes, we have a strong belief in working closely with our clients. It is about making sure you work with experienced legal professionals who have the resources to represent you at the best possible level, as well as a level of customer care to ensure you are aware of what is going on and feel part of the process.

If you have any concerns regarding potential changes to UK law post Brexit or feel you or your business could potentially be affected, please contact us today.


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