Brexit & Conflict of Laws: Part 2

To understand how the situation might change post Brexit, one first has to consider the status quo. Council Regulation (EC) No 1215/2012, aka Brussels Recast, aka Judgment Regulation Recast, aka Brussels II, determines matters of jurisdiction for EU members apart from Denmark who opted out of the Regulation. As an EU regulation, Brussels II has direct effect in the UK[1]. However, Brussels II is not universal in that “if the defendant is not domiciled in a Member State [jurisdiction shall be] determined by the law of the Member State” (article 6.1). Accordingly, Brussels II only forms part of the patchwork of English Law on jurisdiction, along with the Brussels Convention of 1968, the Civil Jurisdiction and Judgements Act of 1982, and the common law. Continue reading “Brexit & Conflict of Laws: Part 2”

Brexit & Conflict of Laws: Part 1

Uncertainty flourishes in post-Brexit Britain. What deal will Britain strike with the rest of the EU? Or, for that matter, will Britain strike a deal with the EU? How will the government manage to negotiate a deal to retain access to the single market and restrict free movement of people? These huge political, social, economic and legal questions encompass many other much narrower questions including how Brexit will affect English law’s approach to the conflict of laws (jurisdiction and applicable law). It is this question which this blog series considers. Continue reading “Brexit & Conflict of Laws: Part 1”