header-logo header-logo

24 February 2021 / Alexander Layton KC , Andrew Dinsmore
Issue: 7922 / Categories: Features , Brexit , EU , Commercial
printer mail-detail

Cross-border civil litigation: the new normal

40726
Alexander Layton QC & Andrew Dinsmore examine the post-Brexit landscape for jurisdiction and enforcement of foreign judgments
  • An overview of the rules relating to civil and commercial matters in England and Wales following the UK’s departure from the EU.
  • Jurisdiction of the English courts is now generally governed by the rules which have hitherto applied to non-European cases.
  • Foreign judgments can only be enforced by an action at common law or under CPR 74.

Although the UK officially left the EU on 31 January 2020, Article 67 of the EU-UK Withdrawal Agreement 2019 meant that Regulation (EU) 1215/2012, Brussels I (recast) continued to apply to civil and commercial proceedings commenced prior to the end of the transition period (namely, 31 December 2020).

The transition period has now ended without any deal between the UK and EU on civil justice, with the consequence that the EU’s rules on jurisdiction and the recognition and enforcement of foreign judgments no longer apply.

This article

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll