No Deal on Jurisdiction and Enforcement – Where Does Brexit Leave Us? - Part 1


What are the legal effects of Brexit on civil jurisdiction and the enforcement of judgments? Before Brexit, the applicable rules were harmonised between the UK, the EU and EFTA by Brussels Regulation (Recast) No. 1215/2012 and the Lugano Convention 2007. Those rules have now been swept away by Brexit. 

The speakers explore the principles governing jurisdiction, addressing among other things:

  • The circumstances in which the English Court will have jurisdiction over an EU-domiciled defendant; 
  • When permission to serve out be will required;
  • Whether a UK party can be dragged before a Member State Court; 
  • Why the common law rules governing jurisdiction are more flexible and occasionally wider than the pre-Brexit regime, but also conducive to uncertainty; 
  • How choice of court agreements will be dealt with; and 
  • The heightened risk of parallel proceedings in the UK and the EU/EFTA.