Prime Minister, Theresa May, has confirmed that following Brexit and the implementation of the Repeal Bill, the Court of Justice of the European Union (CJEU) will no longer have jurisdiction over UK courts, making the Supreme Court the 'ultimate arbiter' of UK law.
Emma Stevens, Solicitor at law firm Coffin Mew, told Lawyer Monthly: “A key consideration for UK Courts will be the extent to which judges are still required to consider Court of Justice of the European Union CJEU decisions in relation to domestic law following Brexit. UK Judges currently consider relevant decisions of other international courts, such as the United States’, where it is appropriate to do so. This means they will likely continue to have some regard for CJEU rulings, even though they will not be bound by them.
“UK courts are well-established and have a strong international reputation. At present, it is not uncommon for parties, both in the UK and overseas, to stipulate contractually that UK courts will have jurisdiction over any disputes which arise and there is no reason for this to change following Brexit. If anything, the fact that the Supreme Court will now be the ‘ultimate arbiter’, without need for references or appeals to the CJEU, may further encourage this.”
Responding to the government’s Enforcement and dispute resolution partnership paper, Chair of the Bar, Andrew Langdon QC, said: “The paper raises more questions than it seeks to answer on what is a matter of crucial significance to the UK. A number of suggested alternate mechanisms to the CJEU are listed, though it is not clear which, if any, the government favours. Whatever agreement the UK reaches with the EU, there must be some form of dispute resolution process with the EU post-Brexit in which all parties have confidence. There are important regulatory, economic and rights-based reasons for ensuring legal certainty which underline the ongoing relevance of the CJEU case law post March 2019. The Bar Council will be seeking to work closely with Whitehall on this important issue.”
