12/13/2018 - Brexit seen as good business for expert witnesses

Brexit is good for expert witnesses:The impending withdrawal of the United Kingdom (UK) from the European Union (EU) following the referendum of 23 June 2016 when 51.9 percent of those who voted supported withdrawal means exit terms need to be negotiated for future relationships between 28 countries in Europe with regards to the minutiae of the exact terms of co-operation of tariffs, immigration, work permits, trade and security co-operation agreements. A period of uncertainty is predicted to follow until terms of any agreement are finalised.

This is all good news for lawyers across Europe who will be fully busy in dealing with the negotiations and the settlement of future treaties and agreements at both of individual and national corporate levels. This need for consensus, achieving written order is also seen as good news for Expert Witnesses as a period of commercial disputes are predicted to arise from new contracts after Brexit and from interpretation disputes on cross border transactions and redundancies or from the migration of businesses as a result of Brexit.

David Davis, the UK Secretary of State responsible for Exiting the European Union, announced on 28 June 2017 that he was considering the potential development of an Arbitration body as an alternative to the European Court of Justice (ECJ). This was being considered by the UK because the ECJ was not mentioned by the EU in its negotiating guidelines and Donald Tusk, the President of the European Council, suggested that the UK's proposition in relation to the protection of European citizens' rights in the UK post Brexit fell below "expectations". This is the first clearly published disagreement in the Brexit negotiations between the UK and EU negotiators in their "divorce" because it is inevitable that the ECJ will no longer have jurisdiction over UK disputes and that the EU will be reluctant to countenance any alternative to the ECJ. Disputes of almost any kind are potentially good news for expert witnesses because it indicates an area where technical or specialist advice will be required by any Tribunal or Court dealing with the dispute.