Davis to set out ‘fair’ plan for legal disputes

BREXIT SECRETARY David Davis will today set out proposals to ensure that cross-border legal disputes are dealt with in a “fair and sensible way” after Brexit.

A paper setting out the UK’s position on future co-operation with civil courts in the EU will say that families, businesses and individuals need “certainty” about how their cases will be dealt with following Britain’s withdrawal from the European Union.

Its publication follows the release of two further negotiating papers on the movement of goods and protection of official documents in anticipation of the third round of formal talks next Monday. This week is also expected to see the Government set out its position on the future jurisdiction of the European Court of Justice – a key sticking point for many on both sides of the Brexit debate. Commenting ahead of today’s paper, a Government source said “close cooperation” on civil justice matters is in the interest of both UK citizens living in the EU “[and] the 3.2 million EU citizens living here in Britain”.

“With more and more families living across borders, we need to make absolutely sure that if and when problems arise, they can be reassured that cross-border laws will apply to them in a fair and sensible way,” they said.

“By setting out a very clear position on this, we hope we will be able to work with the Commission to agree a reasoned approach that works for families here in Britain and across the EU.”

The new framework will replace existing arrangements under the EU’s civil judicial co-operation system.

THE EU has put a damper on Britain’s calls to bring forward discussions about a future trade deal with the bloc, after Ministers outlined new plans to preserve the flow of goods and services with Europe following the UK’s exit.

Marking the release of the latest round of Government negotiating papers yesterday, the Brexit Secretary David Davis reissued his appeal for talks with Brussels to progress beyond the terms of the UK’s withdrawal.

His comments follow repeated warnings that discussions about a future relationship could be postponed as officials wrangle over citizens’ rights and the UK’s financial obligations.

But despite welcoming the latest input from the UK side, the EU has indicated it is standing firm on its negotiating timetable.

The Government released two position papers on Monday, with the first outlining plans to preserve the confidentiality of official documents exchanged between the UK and EU, and the second suggesting ways to avoid barriers to trade in goods and services after Brexit.

Key proposals include an agreement that goods which are placed on the market before “exit day” can continue to be sold in the UK and EU, and a guarantee that there will be no restrictions on services which are supplied with goods.

Commenting ahead of the third round of formal negotiations next week, Mr Davis said the documents will help to give businesses and consumers confidence that the UK will continue to enjoy a status as “an economic powerhouse”.

But he claimed the papers also demonstrate that discussions over Britain’s exit from the EU and its future trade relationship with the bloc are “inextricably linked”.

“We have already begun to set out what we would like to see from a future relationship on issues such as customs,” he said. “[We] are ready to begin a formal dialogue on this and other issues.”

The EU’s official negotiating directive states that “sufficient progress” must be made on the first phase of talks – which covers the rights of EU and UK nationals living abroad and any outstanding financial obligations– before talks can move on to the future of trade.

It was suggested at one stage that this point could be reached as early as the autumn, but recent reports suggest disagreements over the financial settlement could push trade talks back until the end of the year, with the Slovenian Prime Minister Miro Cerar stated this weekend that the first phase “will definitely take more time than... expected”.

An EU spokesman cast further doubt on any prospect of fasttracking the talks when he told reporters that while the position papers were “welcome” there is “a very clear structure in place... about how these talks should be sequenced”.

He stressed that this could not be changed without the agreement of the 27 members of the European Council.

“As Michel Barnier has said time and again, we have to have sufficient progress first on the three areas of citizens’ rights, financial settlement and Ireland, and only then can we move forwards to discussing the future relationship,” he said.

“The important thing is to realise that the clock is ticking, that we have no time to lose and that we need to get on with it.”

The European Council is not scheduled to meet again until October 19, after the fifth round of formal Brexit negotiations.