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 Regulation (Regulation (EC) No. 593/2008) will apply in respect of contracts concluded before the end of the transition period.
- The Rome II Regulation (Regulation (EC) No. 864/2007) will apply in respect of events giving rise to damage, where the events occur before the end of the transition period.
Article 67 covers jurisdiction. It provides (inter alia):
- The Recast Judgments Regulation (Regulation (EU) No. 1215/2012) will apply in respect of legal proceedings “instituted” (presumably this means “issued”) before the end of the transition period.
- The Recast Judgments Regulation will apply to the recognition and enforcement of judgments given in legal proceedings “instituted” before the end of the transition period and to authentic instruments formally drawn up or registered and court settlements approved or concluded before the end of the transition period.
- These provisions also apply to the special agreement between the EC and Denmark (by article 69(3)).
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 EU. Continue reading Brexit and the Government White Paper: Are the Civil Judicial Cooperation plans Realistic?
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. Continue reading The White Paper on The Future Relationship Between the United Kingdom and the European Union: Brexit Trifle or Dog’s Dinner?
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 go further than acknowledging broad areas of difficulty and setting out some very abstract possibilities for their resolution. Continue reading Comment: Brexit Department’s Position Statements on Enforcement and Dispute Resolution and Civil Judicial Cooperation
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 the UK’s withdrawal from the EU and in respect of choices of forum and law made prior to that date. The continuing scope and effect of key provisions after that date (i.e. Rome I and II and Brussels I and II) is left open.
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 is of profound importance for two reasons. Firstly, the decision is of huge constitutional importance as it considers the relationship between parliament and the Executive. Secondly, the decision will, in my opinion, have a profound impact on Brexit. Continue reading R (Gina Miller & Dier Dos Santos) v The Secretary of State for Exiting the European Union  EWHC 2768 (Admin) (The Brexit Case)
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 may change following Brexit. Continue reading Brexit & Conflict of Laws: Part 3