Law Society of Scotland calls for clarity over borders post-Brexit

Leaving the European Union (EU) must not disadvantage citizens or businesses that need to go to court to resolve cross-border disputes, lawyers have said.

Michael Clancy said an agreement prior to the day of exit was crucial

The Law Society of Scotland has called on both sides negotiating Brexit to ensure the rights of UK and EU citizens continue to be recognised.

The society welcomed a commitment from the UK Government that it will seek “new close and comprehensive arrangements for civil judicial co-operation with the EU”.

Michael Clancy, director of law reform, said stability and predictability in the law was “vital” and an agreement prior to the day of exit was “crucial”.

He said: “Citizens and businesses in the UK and across the EU currently rely on EU civil justice laws to deal with cross-border contractual and business disputes, divorce and family law matters and consumer disputes.

“They must be able to access an appropriate route to resolve disputes and it will be crucial to have agreement prior to leaving the EU to allow co-operation between different EU states on the way courts deal with cross-border cases, to prevent additional cost, delay and distress for people.

“Cross-border trade will continue after Brexit, so it will be essential to ensure that consumers can still have confidence, particularly if they are buying online, that they can seek redress if need be when buying from sellers in other member states.

“Similarly, there will need to be clear and workable rules for businesses involved in cross-border trade to resolve any disputes.”