Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Recast definition

What does Recast mean? In legal practice, recast describes an EU legal act that replaces an earlier instrument by carrying forward unchanged provisions while making substantive amendments. The outcome is a new Regulation or Directive with its own title and number, adopted through the full EU legislative procedure, which repeals and replaces the predecessor (for example, the Brussels I Recast Regulation). It is an EU law‑making technique recognised in EU inter‑institutional practice, not a UK statutory definition. Key features include: consolidation of existing text, targeted amendment of selected articles, updated recitals and cross‑references, and a single instrument to cite and apply. Unlike codification, which restates...

Jurisdiction under Brussels I (Recast) in Third-State Cases and the UK’s Post-Brexit Position (England and Wales)

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Practice notes

E&W Brussels I (Recast)—Application to third states [Archived]

ARCHIVED: This PrACTice Note is archived and is not maintained.

This Practice Note reviews how Regulation (EU) 1215/2012, Brussels I (recast), applies to disputes involving non-EU Member States (often called third states). It highlights the provisions in that regulation capable of applying to such situations—each concerning jurisdiction—and considers the implications for the UK when those provisions are applied after its withdrawal from the EU.

Definitions

This Practice Note uses a number of definitions:

European Communities Act 1972—ECA 1972
European Union (Withdrawal) Act 2018—EU(W)A 2018
European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020
exit day—defined by EU(W)A 2018, s 20, as 31 January 2020 at 11 pm
Hague Convention on Choice of Court Agreements concluded on 30 June 2005 at The Hague—the Hague Convention
implementation period—defined in EU(WA)A 2020, s 1 as the ‘transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day’. ‘Implementation period’ is the UK’s preferred term...

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Web page updated on 21/05/2026

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