Brexit ‘will renew the vigor’ of common law legacy, Supreme Court justice says | New

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Brexit could strengthen the UK’s relationship with common law jurisdictions such as New Zealand and Canada, as the legal system diverges from that of Europe, a Supreme Court justice has said.

Speaking at a virtual conference attended by senior New Zealand court judges, Lord Sales said the UK’s departure from the European Union “could have distinct and positive implications for our relationship with other common law jurisdictions “.

“The starting point is that the UK already has a strong relationship with the rest of the common law world. Our common legal heritage means that our courts frequently refer to each other’s case law when considering how to approach similar issues in our own jurisdiction, ”said Lord Sales.

He added that the “strong relationship” will not be weakened by Brexit. “There is good reason to believe that these links could in fact be strengthened. It has been suggested that UK courts may now increasingly prefer to resort to our non-European rather than European counterparts, as we have retained our legal similarities with these jurisdictions. ‘

Sales said commentators have already started to identify particular common law doctrines that may regain prominence in the UK legal body, including the trade restriction common law doctrine. “In the years to come, we may well see UK law evolve differently from our European counterparts and in so doing find renewed vigor and inspiration in our common law heritage,” he said.

The UK has opposed the EU over a key legal treaty, having formally left the EU on January 31, 2020. The European Commission reportedly opposes UK accession to the Convention of Lugano 2007, which facilitates judicial cooperation across Europe.

The convention is an international agreement on which the courts of the country can hear cross-border civil or commercial disputes and what decisions can be enforced. The deal is particularly important for individuals and small businesses who would otherwise find it difficult to enforce their rights.


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