Brexit implementation period—enforcement
Brexit implementation period—enforcement

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

  • Brexit implementation period—enforcement
  • Definitions
  • What is the implementation period?
  • Can the implementation period be extended?
  • What enforcement regime applies during the implementation period?
  • Brussels regime
  • Lugano Convention 2007
  • Previous drafts of the Withdrawal Agreement
  • After the implementation period

This Practice Note considers the rules of dealing with the recognition and enforcement of judgments as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. It considers whether the implementation period can be extended, whether the enforcement framework under the Brussels regime, including that set out in Regulation (EU) 1215/2012, Brussels I (recast), applies during the implementation period as well as potential issues that may arise at the end of the implementation period if the UK has not entered into a deal with the EU regarding enforcement.

For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources.

Definitions

This Practice Note using a number of definitions:

  1. European Union (Withdrawal) Act 2018—EU(W)A 2018

  2. European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020

  3. exit day—is defined in EU(W)A 2018, s 20 as 31 January 202 at 11 pm

  4. Hague Convention on Choice of Court Agreements—Hague Convention of 30 June 2005 on Choice of Court Agreements

  5. implementation period—is defined in EU(WA)A 2020, s 1 as 'transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day'. ‘Implementation period’ is the UK’s preferred term, while the EU refers to this period as

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