In its report published today, Dispute resolution and enforcement after Brexit, the EU Justice Sub-Committee states that without judicial oversight any “intractable” disagreements with the EU will be “potentially insoluble”, and individuals and businesses would also be unable to protect and enforce their rights.

Chair of the EU Justice Sub-Committee, Baroness Kennedy of The Shaws, said: “The government claimed that continuing the jurisdiction of the Court of Justice was a ‘red line’. But it is increasingly clear that operating without cross border courts is impossible if we want to trade, have secure borders, cooperate on crime and enforce agreements with the EU as a future partner. It now seems we will have to have a whole set of courts and quasi-courts rather than just one.

“In fact, even the government now accepts that there may have to be some give and take: if the UK wants to stay in key EU agencies, such as on medicines or aviation, it will have to ‘respect the remit’ of the CJEU.”

She added: “We are really worried now about the lack of time. This is difficult stuff, and unless both sides show real flexibility in the coming months, not only could the rights of businesses and individuals be threatened, but the whole Brexit withdrawal agreement could end up being potentially unenforceable.

“What’s absolutely vital is that after Brexit we continue to give ordinary citizens access to justice. For example, if you’re a parent living in the UK, and you want to enforce the payment of maintenance by an ex-partner living in the EU, you want access to quick, effective justice.”