Brexit could bolster the UK’s relationship with common law jurisdictions such as New Zealand and Canada as the legal system diverges from that of Europe, a Supreme Court justice has said.
Speaking at a virtual conference attended by New Zealand’s senior courts judges, Lord Sales said the UK’s departure from the European Union ‘might have separate and positive implications for our relationship with other common law jurisdictions’.
‘The starting point is that the UK already enjoys a strong relationship with the rest of the common law world. Our shared legal heritage means that our courts frequently refer to each other’s jurisprudence when considering how to approach similar questions in our own jurisdiction,’ Lord Sales said.
He added that the ‘strong relationships’ will not be weakened by Brexit. ‘There is good reason to think that these connections might in fact be strengthened. It has been suggested that UK courts might now increasingly prefer recourse to our non-European rather than European counterparts, as we have retained our legal similarities with these jurisdictions.’….
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