For parties involved in cross-border civil disputes, the
departure of the UK from the EU gives rise to a number of issues.
The post-Brexit EU-UK Trade and Cooperation Agreement (the
"TCA") was agreed at the eleventh hour on 24 December
2020 and governs the immediate future relationship between the EU
and the UK from 1 January 2021. Whilst it includes provisions for
legal services, notably absent from the TCA are any provisions
dealing with the mutual recognition of UK judgments or broader
judicial cooperation.
This, in many ways, impacts more on aspects of litigation than
the EU and UK's new trade deal, in particular, around the
issues of jurisdiction, and the recognition and enforcement of
judgments. In both of these areas, a relatively hard Brexit is now
the reality and parties need to be aware of the ramifications these
changes present.
