The Supreme Court ruled this morning that UK parliament will have a vote on whether the Government can begin the process of triggering Article 50 for Brexit. BLM's Alistair Kinley has commented on the ruling for Lawyer Monthly.
Alistair said: "A good deal of our work relates to advice and claims handling in respect of insurance policies issued by UK insurers and covering UK risks. The Supreme Court’s decision today will have no appreciable effect on that.
"But we do act for many insurers who provide international covers and who have passporting arrangements in place to trade in other Member States. What is important there is not so much the outcome of the Supreme Court decision on the process for ‘Brexit’ but certainty, as soon as possible, about when the UK Government will trigger article 50 and what - given that we now know that the UK is leaving the single market - transitional arrangements for insurance and financial services will look like.
"An important point to note is that we are going to need new rules for cross-border cases because the current ones (covering jurisdiction, applicable law and enforcement of judgments) come from EU regulations. These have a very wide scope, applying as much to consumer cases - foreign motor accidents, holiday injuries and the like - as to commercial disputes. Some early indication of the principles of the UK’s approach here would be very welcome for practitioners and insurers alike."
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