Twenty Essex

Experts

7

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Angharad Parry
Twenty Essex
Catherine Reeves
Twenty Essex
Colleen Hanley
Twenty Essex
Harris Bor
Twenty Essex
Josh Folkard
Twenty Essex
Thomas Leary
Twenty Essex
Contributions by Twenty Essex Experts

4

No deal Brexit—enforcement of judgments [Archived]
No deal Brexit—enforcement of judgments [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note considers the effect of the UK leaving the EU without a deal when dealing with the enforcement of judgments for civil and commercial claims under the Brussels Convention, Regulation (EC) 44/2001, Brussels I, Regulation (EU) 1215/2012, Brussels I (recast), the Lugano Convention 2007 and the EC-Denmark Agreement. This Practice Note considers the application of the changes made by the two UK regulations and the EU guidance to the enforcement of UK judgments in EU Member States as well as contracting states of the European Free Trade Association (EFTA) that are signatories to the Lugano Convention 2007 ie Iceland, Norway and Switzerland.) and vice versa. There are two key UK regulations dealing with the implications of a no deal Brexit on enforcement. The first is The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479. The second is The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521 and, specifically, the amendments it makes to the Civil Procedure Rules at Part 74—enforcement of judgments in different jurisdictions. Both of these regulations come into force on exit day. In addition, provisions relating to the UK’s participation in the Hague Convention on Choice of Court Agreements 2005 after exit day are set out in The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018, SI 2018/1124. The relevant documents setting out the position of the EU in relation to matters of enforcement is the EU notice to stakeholders titled: ‘Withdrawal of the United Kingdom and EU rules in the field of Civil Justice and Private International Law’ dated 18 January 2019, as well as a clarifying question and answer document titled: ‘Questions and Answers related to the United Kingdom’s withdrawal from the European Union in the field of Civil Justice and Private International Law’ dated 11 April 2019.

Rome I—application and interpretation (UK only)
Rome I—application and interpretation (UK only)
Practice notes

This Practice Note provides an explanation as to when and why Regulation (EC) 593/2008, Rome I was introduced. It covers the implementation of Regulation (EC) 593/2008, Rome I and the countries which are signatories, and therefore subject to the regulation, and reservations made by different countries. It sets out why the regulation applies to intra-UK contractual disputes. The Practice Note then provides assistance on the interpretation of Regulation (EC) 593/2008, Rome I.

Other Work
No deal Brexit—jurisdiction under Brussels I (recast) (EU courts' approach after exit day)—checklist [Archived]
No deal Brexit—jurisdiction under Brussels I (recast) (EU courts' approach after exit day)—checklist [Archived]

ARCHIVED: This Checklist has been archived and is not maintained. This Checklist considers the position the EU courts are expected to adopt in relation to the application of Regulation (EU) 1215/2012, Brussels I (recast) if the UK leaves the EU on exit day without a deal, the so called ‘no deal Brexit’ scenario. It reviews the regulation’s articles dealing with jurisdiction and the impact of a no deal Brexit on their application in EU Member State court proceedings with a UK element (whether involving a defendant domiciled in the UK, a jurisdiction agreement in favour of a UK court, or parallel or related proceedings brought in the UK). The position differs depending on whether the proceedings were commenced prior to exit day (with the jurisdictional dispute being determined after that date) or whether the proceedings were commenced after exit day. The position the EU Commission expects EU Member States to take is set out in the EU noticed to stakeholders titled ‘Withdrawal of the United Kingdom and EU rules in the field of Civil Justice and Private International Law’ dated 18 January 2019, as well as a clarifying questions and answer document titled ‘Questions and Answers related to the United Kingdom’s withdrawal from the European Union in the field of Civil Justice and Private International Law’ dated 11 April 2019.

No deal Brexit—jurisdiction under Brussels I (recast) (UK courts’ approach after exit day)—checklist [Archived]
No deal Brexit—jurisdiction under Brussels I (recast) (UK courts’ approach after exit day)—checklist [Archived]

ARCHIVED: This Checklist has been archived and is not maintained. This Checklist considers how the UK courts will apply Regulation (EU) 1215/2012 Brussels I (recast) if the UK leaves the EU on exit day with no deal, the so called ‘no deal Brexit’ scenario. It reviews the regulation’s articles dealing with jurisdiction and considers whether the UK courts will apply them and, if so, how. The application of those articles differs depending on whether the proceedings are commenced prior to exit day (with the jurisdictional dispute being determined after that date) or after exit day. The key UK regulation is The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479. This comes into force on exit day and contains various savings provisions and modifications to Regulation (EU) 1215/2012, Brussels I (recast).

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