Legal Guidance and Research / Experts / Angharad Parry
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Angharad Parry , KC

Twenty Essex
Angharad Parry specialises in advisory and advocacy work in a wide range of commercial disputes with a special focus on private international law issues/conflict of laws, sale of goods and commodities, energy and natural resources, off-shore, projects and heavy industry, carriage of goods, shipping and public international law work (particularly involving contracts between states and private entities). In addition to court work, she has extensive experience in arbitration, particularly before the ICC and LCIA. Angharad has also been involved in court proceedings, ancillary to arbitration, with a recent appearance before the Court of Appeal in the seminal case of Integral Petroleum Ltd v Melars Group Ltd (2016) EWCA Civ 108. She has also been involved in numerous proceedings with multi-jurisdictional elements.

Angharad is recommended by The Legal 500 (2012 and 2013) as a "Leading Junior" in the field of Commercial Litigation, and in Commodities (2014, 2015 and 2016). She is also recommended for Energy by Who's Who Legal UK Bar (2015) where she is described as "exceptionally hard-working, dedicated, and a real star".

Angharad was appointed to the Treasury Solicitor Civil/ Commercial B Panel in 2016.

Practice Areas

Panels

  • Case Analysis Panel
  • Contributing Author

Qualified Year

  • 2002

Membership

  • Young International Arbitration Group
  • Anglo-Hispanic Arbitration Association
  • ComBar

Education

  • Wright Rogers Scholarship
  • LLM (Cantab): First Class degree from Trinity Hall, University of Cambridge (2000), graduated in top
  • BA (Oxon) Jurisprudence: First Class degree from Brasenose College, University of Oxford (1999)
  • MBA (Cantab) (2010)
  • BVC (2001), Bedingfield Scholarship from Gray's Inn

20 Contributions by Angharad Parry

Limitation periods in England and Wales arbitration: statutory scheme, contractual time bars, commencement, extensions, challenges, enforcement and conflict of laws
PRACTICE NOTES
Limitation periods in England and Wales arbitration: statutory scheme, contractual time bars, commencement, extensions, challenges, enforcement and conflict of laws
Limitation periods in arbitration (England & Wales) When considering whether to begin arbitration, it is vital to check limitation carefully so that any claim or cause of action is not already time‑barred. As with issuing proceedings in the domestic courts, commencing an arbitration governed by the law of England and Wales is constrained by a range of statutory rules. It is equally necessary to take into account any contractual arrangements between the parties that address limitation. For the clock to stop, the arbitration must be “commenced”. The point of commencement is fixed by the applicable legislation and/or the arbitration rules under which the reference proceeds. If commencement is not effected correctly, a claim can become time‑barred, whether by statutory limitation or a contractual time bar. The steps required to commence arbitration are usually less burdensome than those for starting court proceedings. In many arbitrations, a brief notice will suffice to arrest time for limitation purposes, and service of the claimant’s full pleading may not be needed until later. The applicable institutional rules, ad hoc terms, or the parties’ own agreement may specify the precise method required to commence the arbitration...
Arbitration
No-deal Brexit: Recognition and enforcement of civil and commercial judgments between England and Wales, the EU and EFTA (Lugano)—transitional provisions, CPR changes, exequatur and Hague/bilateral routes
PRACTICE NOTES
No-deal Brexit: Recognition and enforcement of civil and commercial judgments between England and Wales, the EU and EFTA (Lugano)—transitional provisions, CPR changes, exequatur and Hague/bilateral routes
ARCHIVED : This Practice Note addresses the position that arises where the UK and the EU fail to reach arrangements for the cross-border enforcement of judgments after the UK’s departure from the EU. During the implementation period that commences on exit day—that is, the day the UK leaves the EU—the provisions of the withdrawal agreement will apply throughout that period for enforcement. For guidance on the implementation period and the effect of the withdrawal agreement on enforcement, see Practice Note: Brexit implementation period—enforcement [Archived]. This archived note examines, in particular, the implications of a no-deal exit for the enforcement of judgments arising from civil and commercial claims under the following instruments, namely: Brussels Convention, Regulation (EC) 44/2001 (Brussels I), Regulation (EU) 1215/2012 (Brussels I (recast)), Lugano Convention 2007 and EC-Denmark Agreement. It further considers the application of changes introduced by the UK EU exit regulations and by relevant EU guidance to the enforcement of UK judgments across EU Member States and also in contracting states of the European Free Trade Association (EFTA) that are signatories to the Lugano Convention 2007—namely Iceland, Norway and Switzerland—and vice versa...
Dispute Resolution
Rome I (Regulation 593/2008): UK application, interpretation and post-Brexit operation for contracts concluded 17 December 2009 to 31 December 2020, including intra-UK use and interpretative tools
PRACTICE NOTES
Rome I (Regulation 593/2008): UK application, interpretation and post-Brexit operation for contracts concluded 17 December 2009 to 31 December 2020, including intra-UK use and interpretative tools
This Practice Note assists in identifying the governing law where a contract was concluded on or after 17 December 2009 and before 1 January 2021. For agreements made on other dates, the UK courts will apply an alternative governing-law regime, selected by reference to the date the contract was entered into. The applicable scheme is determined by the date on which the contract was concluded. For direction on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. This Note examines the operation and construction of Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, known as Rome I. Within this Note it is cited as Regulation (EC) 593/2008, Rome I, or simply Rome I. It sets out when and for what reasons Rome I came into force and offers guidance to aid interpretation of the regulation. It also offers practical pointers on applying the regulation. The impact of the UK’s departure from the EU The consequences of the UK’s departure from the EU differ according to whether the regulation falls to be applied by the UK courts or by the courts of the remaining EU Member States...
Dispute Resolution
Rome I (UK): General Provisions on Applicable Law for Contracts Entered Into 17 December 2009–31 December 2020 (Articles 9–22)
PRACTICE NOTES
Rome I (UK): General Provisions on Applicable Law for Contracts Entered Into 17 December 2009–31 December 2020 (Articles 9–22)
Practice Note This Practice Note assists with identifying the governing law where a contract was concluded between 17 December 2009 and before 1 January 2021. For contracts made on other dates, the UK courts will apply a different applicable law regime. The regime that applies turns on the date the contract was entered into. For direction, see Practice Note: Applicable law regimes. This Practice Note reviews the general provisions in Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I). It addresses: Overriding mandatory provisions (Article 9) Consent and material validity (Article 10) Formal validity (Article 11) Scope of the law applicable (Article 12) Incapacity (Article 13) Voluntary assignment/contractual subrogations (Article 14) Legal subrogation (Article 15) Multiple liabilities (Article 16) Set-off (Article 17) Burden of proof (Article 18) Habitual residence (Article 19) Exclusion of renvoi (Article 20) Public policy (Article 21) For additional aspects of the Regulation, see Practice Note: Applicable law—a guide for dispute resolution practitioners...
Dispute Resolution
Rome I (UK): scope, exclusions, universal application and Article 12; post‑Brexit application to contracts concluded before 1 January 2021
PRACTICE NOTES
Rome I (UK): scope, exclusions, universal application and Article 12; post‑Brexit application to contracts concluded before 1 January 2021
Practice Note Produced in collaboration with Angharad Parry of Twenty Essex, this Practice Note is intended for use when identifying the governing law for contracts concluded between 17 December 2009 and 31 December 2020. For agreements made on other dates, the UK courts will apply an alternative applicable law regime. Which regime applies turns on the date the contract was concluded. For an overview of the regimes and how they interact, see Practice Note: Applicable law regimes. The Note sets out how Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) operates in practice. Within this Practice Note it is cited as Regulation (EC) 593/2008, Rome I, or simply Rome I. It addresses the universal application rule (Article 2) and the scope of the applicable law (Article 12). Both the general principles and the rules tailored to particular categories of contract are described. It also identifies disputes falling outside Rome I, for example matters of evidence and procedure, and the status and legal capacity of companies...
Dispute Resolution
Rome I applicable law absent choice: Article 4—contract categories, characteristic performance, habitual residence and escape clause; UK courts’ transitional application for contracts entered 17 December 2009–31 December 2020
PRACTICE NOTES
Rome I applicable law absent choice: Article 4—contract categories, characteristic performance, habitual residence and escape clause; UK courts’ transitional application for contracts entered 17 December 2009–31 December 2020
This Practice Note This Practice Note is intended for assessing the governing law of contracts concluded from 17 December 2009 to 31 December 2020. Where agreements were made outside those dates, the UK courts will apply an alternative applicable law regime, and which regime is engaged depends upon the date on which the contract was entered into. The operative framework therefore turns on the timing of formation. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note addresses the application of Regulation (EC) 593/2008 on the law applicable to contractual obligations—commonly called Rome I—in situations where the parties have not selected the applicable law. It examines the governing law for particular categories of contract, including the sale of goods, the supply of services, and distribution agreements. It also covers scenarios that do not fit within those specific categories, invoking the so‑called ‘escape clause’. In such cases, the following expressions are of significance: ‘characteristic performance’, ‘habitual residence’, and ‘more closely connected’...
Dispute Resolution
Rome I Article 5—carriage of goods: default applicable law (habitual residence and delivery), charterparties and bills of lading, escape clause and mandatory rules (UK; contracts entered 2009–2020)
PRACTICE NOTES
Rome I Article 5—carriage of goods: default applicable law (habitual residence and delivery), charterparties and bills of lading, escape clause and mandatory rules (UK; contracts entered 2009–2020)
This Practice Note This Practice Note is intended for use when identifying the applicable law where the contract was concluded on or after 17 December 2009 and before 1 January 2021. For agreements made on other dates, the UK courts will apply a different applicable law regime. The regime engaged will turn on the date on which the contract was made. For guidance on the distinct regimes and how they interrelate, see Practice Note: Applicable law regimes. This Practice Note examines the rules in Article 5 of Regulation (EC) 593/2008, Rome I, which sets out how the governing law is determined for contracts of carriage. Although the article deals with both the carriage of goods and the carriage of passengers, this Practice Note addresses only the carriage of goods. The rules in Article 5 of Regulation (EC) 593/2008, Rome I operate solely to the extent that there is no choice of law under Article 3 of Regulation (EC) 593/2008, Rome I, which recognises the parties’ freedom to select the law governing their contract. This guidance applies to that timeframe only...
Dispute Resolution
Rome I in UK courts: party choice of applicable law for 2009–2020 contracts—express/implied selection, mandatory rules, changes, consent and formal validity
PRACTICE NOTES
Rome I in UK courts: party choice of applicable law for 2009–2020 contracts—express/implied selection, mandatory rules, changes, consent and formal validity
This Practice Note Use this Practice Note when identifying the governing law where a contract was concluded between 17 December 2009 and 31 December 2020. For agreements made on other dates, the UK courts will apply a different governing law regime. Which regime is engaged depends on the date on which the agreement was made. The temporal scope is critical to the analysis. It is intended for use in relation to that period. For guidance on the various regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note reviews the rules in Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), addressing parties’ autonomy to choose the governing law for their contract. Even where a law is chosen, the parties remain subject to particular constraints, which are examined in this Practice Note. The Regulation also identifies circumstances in which it is inapplicable. For guidance, see Practice Note: Rome I—scope and exclusions (UK only). For convenience, this Practice Note refers to Rome I, rather than Rome I (transitional)...
Dispute Resolution
Rome II choice-of-law rules for non‑contractual claims: product liability, competition, environmental damage, IP, industrial action, unjust enrichment and related claims (England and Wales; events 2009–2020)
PRACTICE NOTES
Rome II choice-of-law rules for non‑contractual claims: product liability, competition, environmental damage, IP, industrial action, unjust enrichment and related claims (England and Wales; events 2009–2020)
Practice Note Use this Practice Note to identify the governing law before the courts of England and Wales for harmful events that took place between 11 January 2009 and 31 December 2020. Where incidents happened outside those dates, the UK courts will apply an alternative choice-of-law regime, and the regime engaged turns solely on the date of the occurrence. If the date falls outside that span, a different regime applies, selected by reference to timing of the event. For direction on those regimes and how they interrelate, see Practice Note: Applicable law regimes. It summarises the special rules governing particular heads of claim under Regulation (EC) 864/2007 on the law applicable to non-contractual obligations (Rome II). The topics include product liability, unfair competition and restraints on free competition, environmental harm, intellectual property (IP) rights, industrial action, unjust enrichment, negotiorum gestio—i.e. agency without authority, and culpa in contrahendo—fault in forming a contract, as well as insurance...
Dispute Resolution
Rome II in UK courts: applicability to non‑contractual obligations (2009–2020), post‑Brexit effect, key exclusions, evidence and procedure, choice of law, overriding mandatory rules, interest and reflective loss
PRACTICE NOTES
Rome II in UK courts: applicability to non‑contractual obligations (2009–2020), post‑Brexit effect, key exclusions, evidence and procedure, choice of law, overriding mandatory rules, interest and reflective loss
This Practice Note This Practice Note assists with identifying the applicable law before the courts of England and Wales for loss-causing events that took place between 11 January 2009 and 31 December 2020, in respect of matters giving rise to damage. Where events fell outside those dates, the UK courts will apply an alternative applicable law regime appropriate to the relevant timeframe. The governing regime turns entirely on the date the event happened in question. For help on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. It also explains when and why Regulation (EC) 864/2007 on the law applicable to non-contractual obligations, Rome II, was introduced. Further, it outlines the situations in which it applies and those in which it does not, as appropriate. In this Practice Note, the Regulation is referred to as Rome II. For guidance on other aspects of Rome II, see Practice Notes: Rome II—the general rule (UK only) and Rome II—specific types of claims (UK only)...
Dispute Resolution
Rome II tort applicable law: Article 4 default, habitual residence and escape clause; multi-jurisdictional damage and damages, interpretation and case law (England and Wales; events 2009–2020)
PRACTICE NOTES
Rome II tort applicable law: Article 4 default, habitual residence and escape clause; multi-jurisdictional damage and damages, interpretation and case law (England and Wales; events 2009–2020)
Rome II (transitional) Use this Practice Note to identify the applicable law before the courts of England and Wales for harmful events that took place between 11 January 2009 and 31 December 2020. It applies to events giving rise to damage within that period. Where matters occurred outside those dates, the UK courts will apply a different applicable law regime. For other dates, an alternative conflicts framework will instead be used there. The governing regime turns on the date of the precipitating event. For guidance on the various regimes and how they relate, see Practice Note: Applicable law regimes. This Practice Note addresses Regulation (EC) 864/2007 on the law governing non-contractual obligations, Rome II (transitional). In identifying the applicable law, Article 4(1) sets the default rule. However, a different system will apply if a derogation under Articles 4(2) or 4(3) is triggered. Those derogations require consideration of matters including the habitual residence exception and the ‘escape clause’. In this Practice Note, the regulation is referred to as Rome II...
Dispute Resolution
UK Rome I (Assimilated Rome I): contractual choice of law - application, interpretation and key modifications for contracts from 1 January 2021 in England, Wales, Scotland and Northern Ireland
PRACTICE NOTES
UK Rome I (Assimilated Rome I): contractual choice of law - application, interpretation and key modifications for contracts from 1 January 2021 in England, Wales, Scotland and Northern Ireland
This Practice Note Use this Practice Note when identifying the governing law for contracts concluded on or after 1 January 2021. UK courts apply a different applicable law regime to agreements formed before 1 January 2021. The operative regime turns on the date the contract was made. For guidance on the regimes and how they interact, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation (EC) 593/2008. Previously called Retained Rome I, from 1 January 2024 it is styled Assimilated Rome I—the alteration is in title only; the regulation’s provisions are unchanged. Authorities may use either label, and for convenience this Practice Note uses UK Rome I. For information on assimilated law, see Practice Note: Assimilated law. This Practice Note explains when and why UK Rome I, Regulation (EC) 593/2008 was introduced. It addresses the implementation of UK Rome I, explains its application to intra-UK contractual disputes, and offers assistance on interpreting the regulation. Its purpose is to guide the selection of the correct governing law by contract date, and to clarify the regulation’s post-1 January 2024 terminology, which changed in name only. It also explains why the instrument governs disputes within the UK. For other...
Dispute Resolution
UK Rome I (Assimilated): General Provisions for Contracts from 1 January 2021: Overriding Mandatory Rules, Scope, Assignment, Set-off, Habitual Residence, Renvoi, Public Policy and English Common Law Interface
PRACTICE NOTES
UK Rome I (Assimilated): General Provisions for Contracts from 1 January 2021: Overriding Mandatory Rules, Scope, Assignment, Set-off, Habitual Residence, Renvoi, Public Policy and English Common Law Interface
This Practice Note is for use when determining applicable law where the contract was entered into on or after 1 January 2021. Where a contract predates 1 January 2021, the UK courts will apply an alternative governing law regime. The regime engaged turns solely on the contract’s date of conclusion. Accordingly, the applicable framework is date‑sensitive. For an overview of the distinct regimes and how they interact and interrelate, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation (EC) 593/2008. It is a key point of reference when addressing law applicable to such contracts. That instrument governs the choice of law for contracts concluded on or after 1 January 2021. Formerly styled Retained Rome I, from 1 January 2024 it has been termed Assimilated Rome I—the rebranding affects the title alone, not the substance of its provisions. Authorities may use either label; accordingly, for simplicity, this Practice Note adopts the shorthand UK Rome I, and case law and commentary may alternate between the two denominations. For material on assimilated law, see Practice Note: Assimilated law. For guidance on whether judgments of the Court of Justice delivered before 31 December 2020 remain binding on UK courts,...
Dispute Resolution
UK Rome I (Assimilated): Scope, Exclusions and Determination of Applicable Law for Contracts Concluded on or after 1 January 2021
PRACTICE NOTES
UK Rome I (Assimilated): Scope, Exclusions and Determination of Applicable Law for Contracts Concluded on or after 1 January 2021
This Practice Note This Practice Note is to be used when identifying the governing law where a contract was concluded on or after 1 January 2021. For agreements made before 1 January 2021, the UK courts will apply a different governing law framework. Which framework applies turns on the date the contract was formed in each case. For help on the distinct frameworks and how they relate, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation (EC) 593/2008. That regulation is used to determine the governing law in matters where the relevant contract was concluded on or after 1 January 2021. Formerly termed Retained Rome I, from 1 January 2024 it has been styled Assimilated Rome I—the alteration is in name alone and not in the substance of the regulation. Authorities may describe the regulation using either label and therefore, for convenience, this Practice Note refers to the regulation as UK Rome I throughout. For further detail on assimilated law, see Practice Note: Assimilated law. For guidance on whether judgments of the Court of Justice delivered before 31 December 2020 remain binding on UK courts, see...
Dispute Resolution
UK Rome I: Applicable law absent choice: Article 4 rules for sale of goods, services, immovable property, franchise, distribution, auctions and financial instruments; characteristic performance, habitual residence and escape clause
PRACTICE NOTES
UK Rome I: Applicable law absent choice: Article 4 rules for sale of goods, services, immovable property, franchise, distribution, auctions and financial instruments; characteristic performance, habitual residence and escape clause
This Practice Note is intended for use when identifying the governing law to be applied where a contract was concluded on or after 1 January 2021. For agreements made before 1 January 2021, the UK courts will apply a different governing law regime. The regime engaged will depend on the date on which the contract was concluded. For assistance on the various regimes and how they interact, see Practice Note: Applicable law regimes. This Practice Note refers to UK Rome I, Regulation (EC) 593/2008. That regulation is applied when deciding the applicable law in cases in which the contract was concluded on or after 1 January 2021. Formerly described as Retained Rome I, since 1 January 2024 it has been styled Assimilated Rome I—the alteration is to the title alone and not to the provisions within the regulation. Authorities may refer to the regulation using either name and therefore, for ease of reference, the regulation is referred to as UK Rome I in this Practice Note. For information on assimilated law, see Practice Note: Assimilated law. For guidance on whether judgments of the Court of Justice handed down prior to 31 December 2020 remain binding on the UK courts, see...
Dispute Resolution
UK Rome II after Brexit: application to harmful events from 31 December 2020, interpretation and key differences—non-contractual obligations, evidence/procedure, choice of law, scope and overriding mandatory rules
PRACTICE NOTES
UK Rome II after Brexit: application to harmful events from 31 December 2020, interpretation and key differences—non-contractual obligations, evidence/procedure, choice of law, scope and overriding mandatory rules
Practice Note This Practice Note is intended to guide the identification of the applicable law before the courts of England and Wales in relation to events that cause damage, where those events took place on or after 1 January 2021. Where a dispute raises a conflict of laws between different parts of the UK, or between the UK and Gibraltar, UK Rome II applies if the harmful event occurred on or after 11 January 2009. For occurrences falling outside these dates, the UK courts will apply a different applicable law regime, determined by the date of the event. For an overview of the various regimes and how they interrelate, see Practice Note: Applicable law regimes. This Practice Note refers to UK Rome II, Regulation (EC) 864/2007. UK Rome II reproduces the full text and recitals of Regulation (EC) 864/2007 (as applied by EU Member States), although the English language version contains some amendments to the articles—the recitals were not changed. Those amendments are set out in The Law Applicable to Contractual Obligations Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, reg 11, which came into force on 31 December 2020...
Dispute Resolution
UK Rome II Article 4 for England and Wales: General Rule, Habitual Residence Exception and Escape Clause - Financial Loss, Multi-state Harm and Damages Assessment
PRACTICE NOTES
UK Rome II Article 4 for England and Wales: General Rule, Habitual Residence Exception and Escape Clause - Financial Loss, Multi-state Harm and Damages Assessment
Practice Note This Practice Note assists with identifying the applicable law in the courts of England and Wales for events causing damage that occurred on or after 1 January 2021, and is intended for matters arising in respect of such incidents. Please note that, where a conflict of laws arises between different jurisdictions within the UK, or between the UK and Gibraltar, Assimilated Rome II (UK Rome II) is used if the harmful event took place on or after 11 January 2009. For events falling outside these periods, the UK courts will apply an alternative applicable law regime, determined by the date when the event happened. For an overview of the various regimes and how they relate to one another, see Practice Note: Applicable law regimes. This Practice Note reviews the provisions of UK Rome II, Regulation (EC) 864/2007 concerning the law governing non‑contractual obligations, Rome II, as relevant to this Note. It addresses the general rule in Article 4(1) of UK Rome II, Regulation (EC) 864/2007, and then explains how that default position can be displaced. It also covers the habitual residence exception and the ‘escape clause’. For guidance on other aspects of the regulation, see Practice Notes: UK Rome II—application...
Dispute Resolution
UK Rome II: Choice of law for specific non‑contractual claims in UK courts (product liability, competition, environment, IP, industrial action, unjust enrichment, pre‑contractual fault, negotiorum gestio, insurance)
PRACTICE NOTES
UK Rome II: Choice of law for specific non‑contractual claims in UK courts (product liability, competition, environment, IP, industrial action, unjust enrichment, pre‑contractual fault, negotiorum gestio, insurance)
This Practice Note This Practice Note is intended for use when identifying the applicable law in proceedings before the courts of England and Wales concerning events that resulted in damage, where those events took place on or after 1 January 2021. Where a dispute involves a conflict of laws between parts of the UK, or between the UK and Gibraltar, UK Rome II applies where the harmful event occurred on or after 11 January 2009. For events falling outside these dates, the UK courts will apply a different applicable law regime, determined by the date of the event. For guidance on those regimes and how they relate to one another, see Practice Note: Applicable law regimes. This Practice Note summarises the special rules that govern particular categories of claim under UK Rome II, Regulation (EC) 864/2007 on the law applicable to non-contractual obligations. These include: Product liability Unfair competition and acts restricting free competition Environmental damage Intellectual property (IP) rights Industrial action Unjust enrichment Negotiorum gestio—agency without authority Culpa in contrahendo—fault in forming a contract Insurance For guidance on other aspects of the regulation, see...
Dispute Resolution
No-deal Brexit: EU courts’ jurisdiction under Brussels I Recast for UK-related civil and commercial disputes—pre and post-exit proceedings checklist (Archived)
CHECKLISTS
No-deal Brexit: EU courts’ jurisdiction under Brussels I Recast for UK-related civil and commercial disputes—pre and post-exit proceedings checklist (Archived)
ARCHIVED : This Checklist has been archived and is not maintained. This Checklist assesses the stance EU courts are anticipated to take in relation to the application of Regulation (EU) 1215/2012, Brussels I (recast), should the UK leave the EU on exit day without an agreement, the so‑called ‘no deal Brexit’ scenario. In particular, it considers and reviews the Regulation’s articles that address jurisdiction, together with the effects of a no deal Brexit on their practical application in proceedings featuring a UK element (whether involving a defendant domiciled in the UK, a jurisdiction agreement in favour of a UK court, or parallel or related proceedings brought before the UK courts). The position differs depending on whether proceedings were commenced prior to exit day (with the jurisdictional dispute to be determined after that date) or whether the proceedings were instituted after exit day...
Dispute Resolution
No-deal Brexit: UK courts' jurisdiction before and after exit day under Brussels I (recast), savings provisions, and common law/Hague alternatives: checklist
CHECKLISTS
No-deal Brexit: UK courts' jurisdiction before and after exit day under Brussels I (recast), savings provisions, and common law/Hague alternatives: checklist
ARCHIVED This Checklist is archived and is not maintained or updated. It considers how UK courts would apply Regulation (EU) 1215/2012, Brussels I (recast)—which concerns the allocation of court jurisdiction for civil and commercial matters—if the UK were to leave the EU on exit day without a deal, the so‑called ‘no deal Brexit’ scenario. ‘Exit day’ has the meaning given by section 20 of the European Union (Withdrawal) Act 2018. The Checklist reviews the Regulation’s jurisdictional articles and evaluates whether the UK courts will apply them and, if so, in what way. The outcome varies depending on whether proceedings are started before exit day (with the jurisdictional issue decided afterwards) or initiated after exit day. The principal UK instrument is the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479. Coming into force on exit day, it includes a range of savings provisions and modifications to Regulation (EU) 1215/2012, Brussels I (recast), alongside amendment and revocation of specified UK and EU legislation. For details of the legislation affected by this instrument, see Practice Note: Brexit legislation tracker for dispute resolution practitioners [Archived]—Jurisdiction...
Dispute Resolution
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