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ARTICLE · 12 SEPTEMBER 2017

Cross-Border Judicial Cooperation Post Brexit

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This is the second in our 'Brexit-Litigation' update series covering jurisdiction, recognition and enforcement.

United KingdomGovernment, Public Sector
Lesley Timms
Lesley Timms
Peter Wood
Peter Wood
Sonia Michaelides
Sonia Michaelides
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This is the second in our 'Brexit-Litigation' update series covering jurisdiction, recognition and enforcement.

The UK government has released a number of Brexit position papers for the Brexit talks in Brussels, aimed at setting out its proposals for leaving the EU on 29 March 2019.

In its paper dated 22 August 2017 – 'Providing a cross-border civil judicial cooperation framework – A future partnership paper', the UK government has suggested how potential cross border legal disputes might be dealt with, post Brexit.

The current system

Currently, a comprehensive body of EU Regulations set out detailed provisions determining which courts have jurisdiction to hear a case (whether a civil, commercial, or family law); what the governing law to a contract should be; the procedure for serving judicial (and extra judicial documents) between member states; and ensuring that judgments made by one EU member state are recognised and easily enforceable in another member

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