For those of us practising in the field of cross-border
litigation, one of the myriad questions often asked, subsequent to
the decision by the UK electorate to secede from membership of the
European Union, is the question of what is going to happen to
claims currently brought before the courts of England and Wales
against parties domiciled out of the jurisdiction, in other EU
Member States.
Providing any sort of accurate response to that question amidst
the chaos of rebel MPs, the prorogation of Parliament and General
Elections has been a near impossible task, but embryonic shoots of
clarity appear to be sprouting. The UK Government this week
confirmed that the UK had received statements of support from
Norway, Iceland and Switzerland, for the UK's intent to accede
to the Lugano Convention 2007 with effect from the end of the
transition period (currently 31 December 2020, a date 'set in
stone' by Boris Johnson).
