Brussels I (recast)—application to the UK post IP completion day (jurisdiction)
Brussels I (recast)—application to the UK post IP completion day (jurisdiction)

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

  • Brussels I (recast)—application to the UK post IP completion day (jurisdiction)
  • Definitions
  • Application of Brussels I (recast) to the UK post IP completion day—general
  • Application of Brussels I (recast) to the UK post IP completion day—the Withdrawal Agreement
  • Withdrawal Agreement—transitional provisions engaged
  • Withdrawal Agreement—transitional provisions not applicable
  • Application of Brussels I (recast) to the UK post IP completion day—UK legislation
  • Proceedings commenced on or before 31 December 2020
  • Proceedings commenced on or after 1 January 2021
  • Application of Brussels I (recast) to the UK post IP completion day—EU Commission position
  • More...

Brussels I (recast)—application to the UK post IP completion day (jurisdiction)

This Practice Note considers the impact of the UK leaving the EU on the application of Regulation (EU) 1215/2012, Brussels I (recast) to determine jurisdictional disputes. This includes discussion of applicable provisions in the Withdrawal Agreement between the UK and the EU. Relevant domestic legislation is also discussed, including, where relevant, transitional provisions, as well as the position of the EU Commission. Finally, the implications of the UK becoming a third state in light of its departure from the EU are considered.

It is important to be aware that there are other jurisdictional regimes that are impacted by the UK leaving the EU. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners—Jurisdiction.

For specific guidance on the position during the implementation period, see Practice Note: Brexit implementation period—jurisdiction [Archived].

Definitions

This Practice Note uses a number of definitions:

  1. EU Commission notice to stakeholders dated 27 August 2020, titled: ‘Withdrawal of the United Kingdom and EU rules in the field of Civil Justice and Private International Law’—EU Notice 2020

  2. European Communities Act 1972—ECA 1972

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

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

  5. exit day—is defined in EU(W)A 2018, s 20, as 31 January 2020 at 11 pm

  6. Hague Convention—Convention on Choice of Court Agreements concluded on 30 June 2005 at

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