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BREXIT: 11pm on 31 January 2020- some thoughts

Here in the construction unit, we have been pondering how to mark Brexit day. As lawyers, we are encouraged to consider mediation as a way of resolving disputes cheaply (relatively) and quickly. We know though that despite the court liking for mediation, there are some disputes that are simply not suitable for mediation. Brexit differences seem to fall into that category; discussion of Brexit rarely results in a change of position or a meeting of minds, rather a retreat to the trenches.

Being able to recognise when a dispute is not suitable for mediation comes with experience and it is for lawyers to encourage parties to take a level-headed decision on mediation and to recognise that if a court differs from a party view, that may be punishable in costs.

The government chose an election to mediate the Brexit debate and the result is clear. It is to be hoped that Remainers and Leavers will now leave the trenches and work together on making a success of Brexit. Let us hope that Brexit “dulce et decorum est”.

Jan Grimshaw, Head of Construction

DD: 01454 807941 e:


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