header-logo header-logo

Cross-border civil litigation: the new normal

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll