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...

Brussels I (recast) insurance jurisdiction: Articles 10–16, weaker‑party protection, direct actions, subrogation, jurisdiction agreements, lis pendens and post‑Brexit application—England and Wales [Archived]

Published by a LexisNexis Insurance & Reinsurance expert

Practice notes

E&W Brussels I (Recast)—dealing with insurance matters [Archived]

ARCHIVED : This Practice Note is archived and is not being maintained. It assists in identifying which EU Member state’s courts hold jurisdiction to determine an insurance claim. In particular, it examines the amendments in Regulation (EU) 1215/2012, Brussels I (recast), insofar as they concern insurance. Those provisions are found in Chapter II, Section 3, Articles 10–15 of the Regulation. The Note reviews the basic principle that a defendant is to be sued in the state of their domicile, together with departures from that principle when the insured—treated as the weaker party—is involved. It also surveys the position where the parties are on an equal footing. Further safeguards are discussed where there could otherwise be tacit prorogation of jurisdiction, as well as the effect of an agreed jurisdiction clause in an insurance dispute. The Practice Note includes Court of Justice rulings that post-date the UK’s exit from the EU. For guidance on how these should be applied, see Impact of UK’s departure from the EU below...

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Thomas Morgan

Reed Smith LLP

Tom is an Associate in the Global Commercial Disputes Group at Reed Smith LLP.Tom has experience in a wide range of contentious matters conducted in the English High Court. Tom has particular experience in insurance recovery, commercial litigation, and banking and financial services disputes....

Mark Pring

Reed Smith LLP

Mark is a London-based partner in Reed Smith's Insurance Recovery Group, a market-leading team of coverage experts operating internationally who are committed to providing support only to insured policyholders. Mark has had extensive experience, for nearly 30 years, in handling high-value, multi-jurisdictional insurance and other commercial disputes (including cross-border litigation and arbitration proceedings). In the insurance context, that experience has covered a range of non-marine and marine risks - including professional indemnity, financial institutions, directors' and officers' liability, property, energy and construction risks. Mark's practice also increasingly involves "risk management" work, including advising on corporate governance matters, reviewing anti-corruption policies and procedures and conducting reviews of insurance arrangements. Having previously lived and worked in the region, Mark continues to work closely with clients from, and investors into, Middle East jurisdictions. He has also developed a strong reputation for assisting...

Web page updated on 21/05/2026

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