header-logo header-logo

08 July 2016
Issue: 7707 / Categories: Legal News , Brexit , EU
printer mail-detail

Brexit impact on cross-border disputes

Current rules determining jurisdiction in cross-border disputes could be swept away post-Brexit, solicitors have warned.

According to solicitors at CMS Cameron McKenna, key concerns are likely to be “whether or not the new regime will complicate the recognition and enforcement of English court judgments in EU member states; and the effect of the new regime on the rules for determining jurisdiction”.

They point out that, as the UK’s withdrawal has not yet been negotiated, the rules which will replace the current system are unknown. “Understandably, this may cause some anxiety for parties that could be affected by these changes.”

Partners Sarah Grenfell and Guy Pendell, and senior associate Kushal Ghandi, explain that current EU rules on jurisdiction are mainly contained in the Recast Brussels Regulation, with the default position being that a party should be sued in the member state in which it is domiciled. After Brexit, this regulation may no longer apply.

The UK could therefore negotiate to follow the 2007 Lugano Convention, like Iceland Norway and Switzerland, or accede to the Hague Convention on Choice of Court Agreements. However, the Convention does not provide a comprehensive regime regarding jurisdiction, as it only applies to exclusive choice of court agreements, according to Grenfell, Pendell and Ghandi. Alternatively, the UK could negotiate bilateral or multilateral treaties with EU member states, “an option that would likely lead to significant uncertainty”.

Issue: 7707 / Categories: Legal News , Brexit , EU
printer mail-details

MOVERS & SHAKERS

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll