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…
Read moreR (Gina Miller & Dier Dos Santos) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (The Brexit Case)
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
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
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
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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