Brexit guidance for lawyers – Scottish government advice

Brexit guidance for lawyers.The Scottish government recently published two documents covering Brexit guidance for lawyers. Their intention is to help the profession cope with a no deal exit from the European Union.

The guides provide details on the changes to cross border civil justice cooperation in both family cases and commercial cases.

Having taken a look at Brexit guidance for lawyers and employment rights in previous articles, let’s see what the new advice tackles.

Family law disputes involving the EU after Brexit.

This is a document detailing changes to the rules for civil judicial co-operation in Family law. It focusses on what to do in the event of EU exit without a deal. The key topics covered are:

  1. Divorce.
  2. Maintenance.
  3. International parental child abduction.
  4. Children cases (parental responsibility).
  5. Placement of children.

You can download the document by visiting the Scottish Government website on this link. Alternatively, scroll through the document in the viewer below or open it in your browser by clicking the pdf icon.






Cross-border civil and commercial legal cases after Brexit.

This is a guidance note for legal professionals who engage in civil / commercial litigation. It outlines changes to the law that would follow EU exit on a ‘no deal’ basis.





Brexit guidance for lawyers – commentary.

Scottish Minister for Community Safety, Ash Denham, said:

“With the UK Government refusing to take a ‘no deal’ Brexit off the table, the Scottish Government has taken what steps we can to ensure that Scotland’s legal system can continue to provide access to justice, through both the criminal and civil courts.

“We have made sure that for civil judicial co-operation – the law which facilitates resolution of private disputes that cross borders – the Scottish legal system will cooperate with courts in other countries via the Hague Conventions. This will enable family or business disputes to continue to be settled in Scottish courts in situations where one party is based abroad.

“The Prime Minister clearly intends to try to remove the UK from the European Union on 31 October with or without a deal. It is important that legal professionals are aware of what changes will be made to the way they work as a result of such an outcome.”

Clearly, Denham’s words contain a degree of political invective. However, the documents are well worth a read.

Mike O’Donnell, October 2019.

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