Daniel Cottrell, Director and Head of Civil Litigation here gives his opinion on the effects of Brexit from a litigation perspective.
“The 23rd June 2016 closes in with the real possibility that Britain could be away from a very powerful membership. I am no expert on Brexit (far from it in fact) but, as a lawyer in dispute resolution, this would mean the UK’s legal system would be subject to change and would have an impact on all lawyers.
Nicola Mitchell, Director and Head of the family department here at QSKP has been considering, along with her team, the possible effects of ‘Brexit’ on the legal system, specifically from a family lawyer’s perspective. She’s provided a ‘snapshot’ of their thoughts below.
Divorces between English and Welsh nationals residing in the UK are unlikely to be affected by Brexit. However where there are jurisdictional issues (i.e one or both parties residing outside the UK), Brexit could bring about an end to the ‘rush to Court’ phenomenon which is currently governed by EU Regulation. Rush to Court is exactly as it sounds: one party tries to seek to issue their application first, generally in England or Wales, due to the fact that the Courts here are regarded as one of the most generous in Europe. It is highly likely that the rush to Court would change if we left the EU, although unless you’re the spouse of a non-British-domiciled billionaire, it’s unlikely to affect you. If Brexit happens then we will simply have to wait and see whether London continues to be the ‘international divorce capital’ of the world.
“With the date for Britain to decide whether they are going to stay in or leave membership to the European Union (EU) coming ever closer, millions of people in Britain are deciding on what will be a life changing decision for them and for others.
The world has its eyes fixed on this event and there is and has been many papers written on the very subject of Brexit. I am sure there will be a few more post 23rd June 2016.
The Employment Appeal Tribunal (EAT) has overturned a decision by the Employment Tribunal in Adams v British Telecommunications plc that an ET1 Claim Form (ET1) which was originally presented in time, but which had the wrong Early Conciliation (EC) Certificate number and was re-presented out of time, was not accepted. The Employment Tribunal did not exercise its discretion to extend time and Ms Adams’ claim was limitation barred.
We've all heard stories in the news and on the television about the scourge that is Japanese Knotweed but what would you do if you thought that it was growing in your garden or in the garden of a property that you are looking to purchase?
In Risby v London Borough of Waltham Forest the Employment Appeal Tribunal has examined whether an employee’s dismissal for misconduct arising following the employer’s failure to accommodate his disability could amount to discrimination arising from disability.