Background
On 10th January 2015 EU Regulation 1215/2012 (the
Recast Regulation) comes into force across the EU. The Civil
Jurisdiction and Judgments (Amendment) ( Scotland) Regulations 2015
make provision for the adoption of the Recast Regulation in the UK.
In Scotland, changes to the Rules of Court are expected and are
being considered by the Scottish Civil Justice Council in order to
give effect to the new law.
The Recast Regulation, an update on Regulation 44/2001, makes
significant changes to the law in two key areas: the determination
of civil jurisdiction within the EU and enforcement of judgments
between member states. Many of the basic principles of the 2001
Regulation are retained i.e. it is still the case that an EU
domiciled person should usually be sued in the place of his
domicile. However, the Recast aims to remedy some of the
difficulties that have been encountered with the 2001 Regulation in
practice.
