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) Articles 33–34 and third‑state proceedings: discretionary stays, relatedness/irreconcilability tests, exclusive jurisdiction clauses, Owusu, and UK post‑Brexit transitional application

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Practice notes

E&W Brussels I (Recast) and proceedings in Third states (arts 33 and 34) [Archived]

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

This Practice Note explores the effect of Regulation (EU) 1215/2012, Brussels I (recast) where identical or related proceedings are pending before the courts of a non‑EU Member State (commonly called a third state). The principal provisions engaged are Articles 33 and 34 of Regulation (EU) 1215/2012, Brussels I (recast). It also discusses how the relevant provisions apply to the UK as a third state following its departure from the EU, subject to the Application of transitional provisions in the Withdrawal agreement. For general guidance on these articles, together with other provisions of the regulation pertinent to third states, see Practice Note: E&W Brussels I (recast)—application to third states [Archived].

Articles 33 and 34
Articles 18(1), 21(2), 24, 25 and 26

Impact of UK’s departure from the EU

Following exit day (ie 31 January 2020), the UK became a third state for the purposes of Regulation (EU) 1215/2012, Brussels I (recast)...

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Ian McDonald

3 Verulam Buildings (3VB)

Ian McDonald has a broad practice, with a particular focus on commercial litigation, international arbitration, private international law, and international human rights law. He is regularly instructed in complex, high-value cases, often with an international dimension.Ian recently represented Nick Suppipat and his companies in their $US 2billion fraud claims against multiple defendants in the Commercial Court (one of The Lawyer’s ‘Top 20 Cases of 2022’). He has a particular expertise, also, in private international law, and has worked as a teaching assistant on the Conflict of Laws module on the Bachelor of Civil Law at the University of Oxford. Ian recently appeared in VP Fund Solutions (Luxembourg) SA v. GI Globinvestment Ltd [2022] EWHC 1872 (Comm), successfully resisting a jurisdiction challenge (under both the recast Brussels I Regulation and the common law rules) in a...

Web page updated on 21/05/2026

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