The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
STOP PRESS: This Practice Note is being reviewed in light of the revised Draft Withdrawal Agreement dated 17 October 2019. In the interim, for further general guidance on the Draft Withdrawal Agreement, see Practice Note: Brexit—considerations for dispute resolution practitioners.
The UK and EU’s specific proposals for dealing with the enforcement of judgments within the EU will be a key issue for UK practitioners. This Practice Note considers the impact that Brexit will have on enforcing court judgments within the EU when the UK exits the EU. It considers the current position under Regulation (EU) 1215/2012, Brussels I (recast) and summarises the UK’s and EU’s respective positions and considers the likely potential outcomes, based on the information available, for such issues. The Practice Note considers potential issues which may arise when the UK exits the EU and potential regimes which may assist when seeking to enforce a court judgment, being the Hague Convention on Choice of Court Agreements and the Lugano Convention 2007.
For guidance of the impact of Brexit on Regulation (EC) 805/2004, the European Enforcement order regulation, see Practice Note: Brexit—European cross border processes
For an understanding of how a deal or no deal position may be reached, the House of Commons Exiting the EU Committee report: The progress of the UK’s negotiations on EU withdrawal (June to September 2018) at
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