Litigation futures

Notwithstanding that the 12 month countdown to 29 March 2019 has begun, uncertainty remains regarding the impact of Brexit on London’s legal community.

Perhaps of most immediate concern to London’s litigators is the uncertainty around jurisdiction and recognition and enforcement post-Brexit. This is because recognition of the jurisdiction of the English courts and the enforcement of its judgments in Europe currently depend primarily on the Brussels I Recast Regulation. The most recent draft of the European Commission Withdrawal Agreement, published on 19 March 2018, shows that EU and UK negotiators cannot yet agree on even the policy objectives in this area, let alone the detailed practicalities. Nine months on, this lack of progress does not sit comfortably with the plea made by Lord Thomas in July 2017 in his Mansion House speech to the judiciary for ‘urgent clarification’ and the ‘clearest commitment’ by the UK’s government on these issues. The likelihood of a transition deal and the government’s commitment to joining the