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ARTICLE · 04 FEBRUARY 2021

Post-Brexit Enforcement Of UK Judgments

Dillon Eustace
Dillon Eustace
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A key concern for parties to cross-border litigation within the European Union (EU) has been the manner and extent to which cooperation between the EU and the United Kingdom (UK) in relation...

United KingdomLitigation, Mediation & Arbitration

A key concern for parties to cross-border litigation within the European Union (EU) has been the manner and extent to which cooperation between the EU and the United Kingdom (UK) in relation to the enforcement of judgments will be maintained post-Brexit. This is particularly the case in Ireland given its very close ties to the UK.

Enforcement of EU judgments

Enforcement of judgments within the EU is regulated by the Brussels I Regulation (recast) (1215/2012) (Brussels Recast). Brussels Recast provides that in most cases a judgment in any EU Member State will be largely automatically recognised in other EU Member States without any ‘special procedure' being required (in particular without any declaration of enforceability being required). This greatly reduces the cost, time, complexity and uncertainty of cross-border enforcement within the EU.

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