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.
This Practice Note considers the impact that Brexit will have on the service of court documents within the EU when the UK leaves the EU. It considers the current position under Regulation (EC) 1393/2007, the Service Regulation and summarises the UK and EU’s respective positions and considers the likely potential outcomes, based on the information available. The Practice Note then considers potential issues which may arise when the UK exits the EU and potential regimes which may assist when seeking to serve judicial and extra-judicial documents in the EU.
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  provides a useful flowchart.
When seeking to serve documents out of the UK on a party in an EU Member State, the methods of service are provided for in Regulation (EC) 1393/2007, the Service Regulation. For guidance on the application of the regulation, see Practice Note: The Service Regulation—service outside the
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