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Brexit: civil justice cooperation – Lords to hold follow up session with family law experts


The House of Lords EU Justice Sub-Committee will hear from legal experts in family law in the second follow-up session on the Committee's inquiry ‘Brexit: civil justice cooperation', which published its report in March 2017.

Appearing at 10.30am on Tuesday 22 May will be:

  • Mr Timothy Scott QC, 29 Bedford Row Chambers
  • Professor Rebecca Bailey-Harris, 1 Hare Court
  • Ms Jacqueline Renton, 4 Paper Buildings

The report 'Brexit: justice for families', individuals and businesses? looked at what alternative plans the Government has to replace the loss of EU Regulations which govern cooperation in civil and family law in the UK post-Brexit.

In the areas of civil and family law, EU Regulations provide certainty on what jurisdiction should hear disputes whilst also allowing for the automatic recognition and enforcement of judgments throughout the EU. The report considers how the loss, post-Brexit, of this important EU legislation will affect future legal proceedings on issues including divorce; custody of children; medical negligence claims; and employment disputes.

The session on Tuesday will explore progress made so far during the Brexit negotiations, the contents of the Withdrawal Agreement which include provisions addressing civil justice cooperation during the transition period, and the Government's response to the inquiry.

Questions are likely to include: 

  • What is your assessment of the Government's approach to addressing the significant problems that would arise if the Government did not have a workable plan for the UK's family law system post-Brexit?
  • How do neighbouring states of the EU such as Norway and Switzerland resolve cross-border family disputes?
  • During the debate of the EU (Withdrawal) Bill it was argued with regard to family law that the “Hague alternatives will be perfectly adequate and satisfactory on our leaving the EU”. Do you agree? If not, what are the main areas of concern?
  • To what extent does the Government's red line on the jurisdiction of the CJEU limit the alternatives available to the UK? What viable alternatives in the area of family law are available to the UK that do not rely on the CJEU?
     
    The session will take place in Committee Room 3.

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