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 moreUK Government launches ‘Retained EU Law Dashboard’
We previously wrote about Lord Frost’s promise to carry out a comprehensive review of the content of Retained EU law. As a result of that review, the Government has released a ‘Retained EU Law Dashboard’, which can be accessed here. The Dashboard “showcases the outcome of this review as an authoritative catalogue of [Retained EU…
Read moreR (Gina Miller & Dier Dos Santos) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (The Brexit Case)
John-Paul Swoboda
This article is by John-Paul Swoboda of 12 King’s Bench Walk This case, concerning whether the Executive is entitled to use its prerogative powers to give notice under article 50 for the UK to cease to be a member of EU, is one of the most important legal decisions made during my lifetime. The case…
Read moreBrexit & Conflict of Laws: Part 3
John-Paul Swoboda
In the final part of this series I look at how English law’s approach to the choice of applicable law may change post Brexit. For historical and political reasons the change may be radical. I conclude this series of blogs by making tentative predictions as to how English law’s approach to the conflict of laws…
Read moreBrexit & Conflict of Laws: Part 2
John-Paul Swoboda
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…
Read moreBrexit & Conflict of Laws: Part 1
John-Paul Swoboda
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…
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