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How will UK laws change after Brexit? Lords launch new inquiry


The House of Lords EU Justice Sub-Committee will begin its short inquiry into the consequence for civil justice cooperation and the loss of the Court of Justice of the EU's jurisdiction post-Brexit on Tuesday 6 December. The Committee will hear evidence from leading academics and legal experts.

The Court of Justice of the European Union (CJEU) performs a vital role in ensuring a level playing field in the Single Market and that EU legislation providing for civil justice cooperation, including in the area of family law, is applied and observed. Once the UK leaves the EU it will fall outside the Court's jurisdiction and so far, the Government has appeared to reject any post-Brexit role for the CJEU.

This inquiry will consider the options and practicalities for the UK's post-Brexit continued participation in crucial EU legislation aimed at facilitating civil justice cooperation once the UK falls outside the CJEU's jurisdiction. The witnesses will provide evidence on the implications for civil law based litigation in the UK, including family law, once the UK leaves the EU and the consequences for the UK's legal market if we no longer participate in this important EU legislation.

The EU Justice Sub-Committee will begin this work with two evidence sessions in Committee Room 3 of the House of Lords.

At 10:45am the Committee will hear evidence from:

  • Dr Louise Merrett, Reader in International Commercial Law, Cambridge University Faculty of Law, Fellow and Director of Studies in Law, Cambridge University
  • Professor Richard Fentiman, Professor of Private International Law, Cambridge University
  • Professor Steve Peers, Professor of European Union Law and Human Rights Law, University of Essex

At 11:30am the Committee will hear evidence from:

  • Mr David Williams QC, 4 Paper Buildings
  • Ms Jacqueline Renton, 4 Paper Buildings
  • Professor Rebecca Bailey-Harris, 1 Hare Court

The Witnesses will be questioned on:

  • What are the implications for civil and family law based litigation in the UK once the UK leaves the CJEU's jurisdiction?
  • How will the UK cooperate in these fields with other EU Member States? 
  • What are the implications for the UK's legal market if the UK no longer participates in EU legislation addressing conflict of laws?
  • What are the practical consequences for UK based individuals and businesses if EU law governing the conflict of laws no longer applies here?

The House of Lords EU Committee and its six Sub-Committees are conducting a coordinated series of short inquiries looking at the key issues that will arise in the forthcoming negotiations on Brexit. Taken as a whole, this programme of work will be the most extensive and thorough parliamentary scrutiny of Brexit.

The evidence session will take place at 10.30am on Tuesday 6 December in Committee Room 3 of the House of Lords.

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