EU consultation asks solicitors to help drive for cross-border legal harmony

CONTRACT LAW: Law Society questionnaire aids drive for consistency across Europe

Solicitors should identify problems they have with different contract laws of EU member states to influence a potential review, lawyers were told this week.

The Law Society is set to reply in May to an EU action plan with long-term aims to increase the coherence of contract law throughout the EU and move towards greater consistency of general terms.

The Society has drafted a questionnaire asking what problems lawyers working on cross-border EU transactions confront as a result of the different laws.

The questionnaire also asks for opinions on potential solutions, asking whether harmonised rules or an EU-wide sale of goods act would be welcomed.

Michael Renouf, the senior partner of Brussels-based Renouf & Co and chairman of the Law Society's EU committee, said: 'This is not a specific proposal from Brussels, but a consultation that aims to identify whether there are problems.

It is a great opportunity for us to say whether there are problems, and to influence which way the consultation goes.'

Rachel Bickler, manager of City firm Nabarro Nathanson's Brussels office, who sits on the Society's EU committee, said: 'I think that this is a significant exercise.

We need to know - at the grassroots level - whether there are problems, and if there are, whether any proposed solutions are useful.'

The Society's consultation will close on 17 April following which it will ask a panel of specialists with a variety of views to comment on questions arising from feedback.

Meanwhile, the European Parliament last week sent a clear message to the EU Commission that it wants policy towards alternative dispute resolution to be examined with a view to potential simplification through legislation.

The parliament accepted the findings of a report by the Liberal Democrat's European parliamentary leader, solicitor Diana Wallis.

- For a copy of the Law Society's EU contracts questionnaire, visit: www.lawsociety.org.uk.

For details on the Law Society EU contacts hearings contact June O'Keefe, e-mail: juneokeefe@lawsociety.org.uk.

Jeremy Fleming