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ARTICLE · 26 JANUARY 2022

Cross Border Litigation: What's On The Horizon For 2022?

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The impact of Brexit cuts across many sectors, but perhaps nowhere is it more keenly felt than in cross border litigation.

United KingdomLitigation, Mediation & Arbitration
Stuart Hardy
Stuart Hardy

The impact of Brexit cuts across many sectors, but perhaps nowhere is it more keenly felt than in cross border litigation. The end of the transition period on 31 December 2020 saw the UK leave the Brussels I recast regulations and Lugano Convention. The consequence is that insurance claims brought against EU and Lugano Convention state domiciled defendants are no longer subject to the special provisions on jurisdiction allowing policyholders and injured persons to sue an insurer in the court of their own domicile.

This led to a rush by claimants to bring proceedings before the deadline so as to seize jurisdiction in their preferred forum, resulting in an increase in litigation in the first half of 2020.

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