The prime minister should add taking Brexit out of Brussels (recast) to her exit planning, says David Greene
Awaiting judgment in the Santos Art 50 appeal I attended the EU Justice sub-committee in House of Lords to discuss what Brexit holds for civil justice. Their inquiry is largely about the future of civil justice co-operation with the EU bearing in mind that Theresa May has confirmed we will leave the single market and that the Court of Justice of the European Union (CJEU) will not have any continuing binding influence over UK law after Brexit.
The temptation is to adopt the protesters’ slogan: “What do we want? The status quo!; When do we want it? Now! (and forever more).” For good or bad whatever happens will have to work with the UK out of the single market. From my anecdotal soundings the ideal position for litigators is that upon the event of Brexit we agree and adopt, on a reciprocal basis: the Brussels Regulation (recast) and the Service Regulation; sign up to Lugano II: and adopt into domestic law Rome I and
