Brexit—European cross border processes [Archived]

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

  • Brexit—European cross border processes [Archived]
  • Current position
  • Position under EU(W)A 2018
  • No deal—no transition period
  • EU position
  • UK position
  • Transition period applies
  • Draft Withdrawal Agreement dated 14 November 2018
  • Previous drafts of the withdrawal agreement
  • After any transition period

Brexit—European cross border processes [Archived]

ARCHIVED: This Practice Note considers the impact that Brexit will have on cross border processes when the UK exits the EU. It considers the current position in relation to cross border processes as set out in Regulation (EC) 805/2004, the European for uncontested claims regulation, Regulation (EC) 1896/2006, European Payment Order Regulation and Regulation (EC) 861/2007, European Small Claims Procedure Regulation. The Practice Note then summarises the UK and EU’s respective positions, considers the likely potential outcomes which may arise when the UK exits the EU as well as potential regimes which may assist.

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) which at para [35] provides a useful flowchart.

Current position

Regulation (EC) 805/2004, the EEO regulation, Regulation (EC) 861/2007, ESCP Regulation and Regulation (EC) 1896/2006, EPO are currently in force for practitioners and parties in the UK:

  1. Regulation (EC) 805/2004, EEO regulation introduced a European cross border process to speed up and reduce the costs associated with the enforcement of judgments obtained where the claim had not been contested

  2. Regulation (EC) 861/2007, ESCP Regulation introduced a European small claims procedure to simplify, speed up and reduce the costs incurred in dealing with

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