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ARTICLE · 24 JANUARY 2019

Application Of The Brussels Regime Post-Brexit

Herbert Smith Freehills Kramer LLP
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The government has published a draft statutory instrument addressing, among other things, the question of how the UK courts will ...

European UnionGovernment, Public Sector
Herbert Smith Freehills
Herbert Smith Freehills

The government has published a draft statutory instrument addressing, among other things, the question of how the UK courts will, post-Brexit, treat questions of jurisdiction involving EU member states and the enforcement of judgments given by EU member state courts, assuming that the UK leaves the EU without a withdrawal agreement. The European Commission has also published a notice to stakeholders addressing the position of EU member state courts on these questions. The key provisions are summarised below.

The UK position

The draft Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (the “Exit Regulations”), published in December, provide that:

  • In relation to questions of jurisdiction, UK courts will generally apply the current rules under the Brussels regime where their proceedings were commenced pre-Brexit and have not been concluded by exit day.

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