The High Court has handed down an interesting judgment on service, jurisdiction and forum conveniens post Brexit. In this post, Alex Carington considers the decision of Master McCloud in Charlton v Deffert [2022] EWHC 2378 (KB) in which he successfully defended a jurisdiction challenge by the Defendant. A copy of the judgment can be found…
Read moreCourt of Appeal: English judges can exercise former CJEU powers
The first signs of divergence between the UK and EU legal systems are starting to emerge in cases based on the proper approach to retained EU law. In Open Rights Group & Anor, R (On the Application Of) v Secretary of State for the Home Department & Anor [2021] EWCA Civ 1573, the Court of…
Read moreDon’t hold out hope for future UK Lugano accession
It is old news that the UK’s bid to join the Lugano Convention has stalled and been kicked into the political long grass. We previously blogged about the reasons given by the EU Commission for opposing UK Lugano Convention membership. Specifically: For the European Union, the Lugano Convention is a flanking measure of the internal…
Read moreJurisdiction and Applicable Law Post-Brexit: A Refresher
This blog post is by Spencer Turner of 12 King’s Bench Walk. With ‘exit day’ looming on 31st October 2019 and the very real possibility of a no-deal Brexit, it seems to a be a good time to set out a refresher on jurisdiction and applicable law in the event of a no-deal Brexit.
Read moreCPR Brexit Amendments
The most recent iteration of proposed Brexit amendments to the Civil Procedure Rules 1998 was laid before Parliament on 8 March 2019 (Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019). Will they still be relevant in few days’ time? Who knows! In the meantime, for those interested, here are the headlines.
Read moreThe Draft Withdrawal Agreement – headlines for cross-border practitioners
It will not have escaped our readers’ notice that last week the UK and the EU released the draft text of a withdrawal agreement covering the UK’s exit from the EU. In a nutshell, the key provisions governing applicable law and jurisdiction are as follow. Article 66 covers applicable law. It provides: The Rome I…
Read moreBrexit and the Government White Paper: Are the Civil Judicial Cooperation plans Realistic?
In this blog, which follows on from Philip Mead’s recent post explaining the legal implications the Government’s recent White Paper (Cm 9593), Patrick Vincent suggests that the Lugano Convention has been wrongly worded and wrongly translated – but that even if corrected it will not help the UK achieve post-Brexit civil judicial cooperation with the…
Read moreThe White Paper on The Future Relationship Between the United Kingdom and the European Union: Brexit Trifle or Dog’s Dinner?
This blog by Philip Mead of 12 King’s Bench Walk describes the approach adopted by the Government to negotiations with the EU as set out in the White Paper (Cm 9593) published on 12 July 2018, with particular reference to international and travel claims involving employment and personal injury.
Read moreComment: Brexit Department’s Position Statements on Enforcement and Dispute Resolution and Civil Judicial Cooperation
This article is by David Green of 12 King’s Bench Walk. The Brexit Department’s two position statements issued last week, on Enforcement and Dispute Resolution and Civil Judicial Cooperation, show welcome progress by the UK government on the conflict of laws issues raised by Brexit. However, many Brexit-watchers will be disappointed that they do not…
Read moreEU Publishes Position Paper on Judicial Cooperation in Civil and Commercial Matters
The European Commission has published a short position paper on Judicial Cooperation in Civil and Commercial Matters for the purposes of the art. 50 negotiations, which is available here. The paper calls for preservation of the status quo under EU law in respect of jurisdiction, recognition and enforcement of proceedings pending on the date of…
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