Twenty Essex

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21 Contributions by Twenty Essex Experts

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
Dispute Resolution
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