Brexit—enforcement of judgments [Archived]
Brexit—enforcement of judgments [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Brexit—enforcement of judgments [Archived]
  • Current position
  • Position under EU(W)A 2018
  • No deal—no transition period
  • Transition period applies
  • After any transition period
  • Potential enforcement regimes
  • Drafting a jurisdiction clause
  • Further general reading

ARCHIVED: This Practice Note has been archived and is not maintained. 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 para [35] provides a useful flowchart.

Current position

When determining whether a court judgment can be enforced in another EU Member State, consideration needs to be given to Regulation