No-deal Brexit: impact of exit day on jurisdiction agreements—Brussels Recast, Lugano, Hague, Brussels Convention and national laws (checklist)

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Checklists

ARCHIVED : This Practice Note has been archived and is not maintained.

A range of jurisdictional regimes dictates whether a court may hear a dispute. This Checklist reviews the anticipated impact of Brexit on how different courts apply those rules when determining the effect of a particular jurisdiction agreement (also referred to as a choice of court agreement) after exit day.

The rules examined are:

Regulation (EU) 1215/2012, Brussels I (recast)
Lugano Convention 2007
Brussels Convention
Hague Convention on Choice of Court Agreements
national laws

It does not address Regulation (EC) 44/2001, Brussels I since, with the passage of time, it is unlikely to be relevant for determining jurisdiction. Nor does it cover specialist conventions dealing with jurisdiction, such as the United Nations Convention on the Carriage of Goods by Sea (Hamburg rules). The Checklist assesses any change (if any) in the application of these rules as a consequence of Brexit, including the effect of the saving provisions in The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479, which were made on 4 March 2019 and take effect on exit day...

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Web page updated on 20/05/2026

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