All That Glistens is Not Gold: Some environmental regulatory issues for the UK Construction Industry in a Post-Brexit World
Michael Bowsher QC and Christopher Muttukumaru CB each gave a talk at a meeting of the Society of Construction Lawyers, held at the National Liberal Club on 5 April 2016. Over 150 members of the society attended the talks, which will be publicised to the society’s 2500 members and affiliates worldwide.
Michael covered a number of key issues including the impact of a possible Brexit on Procurement Law (Practical Law’s Public Sector Blog) and on English contract law.
Christopher spoke on aspects of environmental law as they affect the delivery of major infrastructure projects in a post Brexit world. His paper to the society assumes that the UK electorate will vote to leave the EU and provides an indication of the timetable once notice of exit is given under Article 50 of the Treaty on European Union. It exposes aspects of the legal uncertainty that will follow in a transitional period after notice but before exit, as well as in the period thereafter. Using three examples of EU Directives that affect the delivery of major infrastructure projects, it argues that the UK will be reluctant to set aside adherence to its substantive obligations, since abrogation of the Directives would undermine the UK’s international reputation and undermine its policy aims. In any event, in two cases, the EU obligations are mirrored in international treaties that largely cover the same ground as two of the three EU Directives and therefore the UK would have to withdraw from them in parallel with Brexit.