Civil judicial co-operation post Brexit

Under current reciprocal arrangements, a decision made by a court in the UK can be enforced in other EU Member States, enabling citizens to enforce orders made by the civil and family courts on commerce, trade and family matters such as child custody and maintenance.

After Brexit, the UK will no longer be part of this arrangement with EU Member States. Lawyers had warned of the uncertainties that families and businesses with international links might face.

However, the government said last week that it will ‘seek to agree new close and comprehensive arrangements for civil judicial cooperation with the EU,’ in its position paper, Providing a cross-border civil judicial cooperation framework.

Andrew Langdon QC, Chair of the Bar Council, said the position paper ‘shows that the government has been in listening mode when talking to the Bar Council and others on this crucial topic... However, the devil will be in the detail’.

Daniel Eames, chair of family lawyers group Resolution’s International Committee, said: ‘Cross border family law for intra EU-UK cases—whether divorce, children or financial—requires reciprocity.

‘Without reciprocal rules, there can be no legal certainty in treatment with all the ensuing complications, delays and potential costs for families and children or local authorities undertaking their child protection function.’

Ed Crosse, partner, Simmons & Simmons, said the paper confirms the UK government’s commitment to re-sign the 2005 Convention on Choice of Court Agreements. ‘As so many commercial agreements contain exclusive jurisdiction clauses, this is an important statement from the UK government, which should provide comfort to commercial parties,’ he said.