Responding to the Government's position paper on enforcement and dispute resolution, William Bain, Policy Adviser – Europe and International, BRC said:
“The UK Government’s position paper demonstrates the complexity of dispute resolution, judicial, and enforcement decisions which affect businesses and consumers. It details the range of options which could be adopted for resolving disputes between either side in a future EU/UK agreement covering trade and potential co-operation in a range of policy and regulatory areas.
"Retail businesses and consumers want certainty on their rights and obligations post-Brexit – how these can be determined judicially in the UK in the case of disputes, and how enforceable they would be in the case of cross-European supply chains. If the UK Government and EU Commission reached an agreement on an EFTA Court-like option on issues including the interpretation of the trade agreement rules, would businesses or consumers in the UK be able to have recourse to that court to interpret key rules in their cases?
"Some of these rights may be affected by the scope of any final and transitional Brexit deals, and by future ECJ decisions on existing EU legislation. During the Parliamentary stages of the EU Withdrawal Bill, the UK Government can offer clarity on the circumstances when UK judges could refer to post-Brexit ECJ decisions affecting commercial or consumer rights. Consumers and businesses would then have maximum possible certainty on how these can be enforced.”