Legal Boost from Brexit – Law Society

“Bring me Sunshine” Do you remember this cheerful little song that Morecambe and Wise used as their curtain closer? So, are you a glass half full, or half empty person? Let’s Get in the Right Frame of Mind As any psychologist will tell you, the way we look at things really can influence the outcomes we achieve and in particular our approach to the trials and tribulations of business. So, if “Brexit means Brexit” it may be time to go to the pub and, as Eric might have said, start a ‘half full - sunshine’ movement, looking for all the positives that we can achieve, rather than worry if we can afford to refill our glass when it is empty, as the Doom Sayers would suggest. Certainly it seems that this is an approach being encouraged by the Law Society of England & Wales. Britain’s Global Appeal for Business In the Law Societies view, England and Wales is a highly attractive jurisdiction when it comes to international commercial contracts - and that hasn't changed because of Brexit. According to their president, Robert Bourns, “We have the best law firms in the world. Their expertise and experience has been built up over many years and they set the global standard. English courts also have a world reputation for independence and expertise. Our judges are held in high esteem internationally for their commercial nous and for the reliability of their decisions.” Our Law underpins Britain as business destination English contract law is largely unaffected by EU law because it derives from common law. If there are specific terms in contracts which relate to EU law or where UK domestic law might be expected to change, the flexibility of English contract law is such that it will allow the contract to adapt. None of this changes because of Brexit In Robert Bourn’s words “The bottom line is that English and Welsh solicitors, our law firms, and our judges can be relied on and are the best. English contract law is used across the world because it offers certainty, stability and predictability.” And the tendency for large international / multi-national firms to try and use Brexit as an excuse for their unpalatable actions and poor results, are being shown to be false. Even Lloyds Bank was recently forced to retract its attempt to do this. More Immigrants will need more homes And not only homes, but schools, health facilities, etc. And, because the UK is already overstretched in all of these capacities, with an overall shortage of circa 1.5m homes being added to by the need for around another 250,000 every year, this is likely to be the straw that break the log jams caused by our planning and other regulatory systems. So, “the future is bright” – the future is more low energy, low impact, environmentally sustainable homes – many of them being produced off-site in specialist factories ready for MMC on site assembly. Better Buildings needed This translates into the need for buildings of all types to be better in all respects – respecting our need to “tread lightly on the earth”, to use renewable and recyclable materials, to deliver greater all round space and comfort for the occupants and end users, wherever they are and whatever they want. It also means ‘teamwork’ and closer collaboration between all parties involved in the process of delivering the better buildings that people need. Technical Expertise Whatever your project, the chances are that it will need some degree of technical expertise for it to be buildable. Conceptual designs can be made more ‘buildable’, Building Regulation compliant, and cost effective if the technical structural aspects have been addressed as the design is worked up. Indeed, as noted above, ideally a ‘team working’ approach is desirable and can have significant benefits, especially in the area of energy efficiency.