5 May 2017
By Charles Brasted and Andrew Eaton
One of the UK Government's central objectives for Brexit is to bring an end to the jurisdiction in the UK of the Court of Justice of the EU ("CJEU"). A necessary implication of this objective is that, unless agreed otherwise during the Article 50 negotiations, citizens and businesses seeking a determination of their legal claims in the UK courts will lose their ability to make references to the CJEU on questions of EU law after Brexit takes effect.
Now that Article 50 has been triggered, the UK courts are starting to be asked to address the legal uncertainty this raises for those with legal proceedings outstanding during the Brexit negotiation period: where questions of EU law arise after Brexit in cases filed in the UK courts before Brexit, how and by whom will these questions be determined?
Jurisdictions: United Kingdom
Services: Administrative and Public Law, Pensions, Tax