The following Dispute Resolution guidance note Produced in partnership with Peter Morcos of 4 New Square provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.
This Practice Note considers the jurisdiction of the court when dealing with disputes arising out of consumer contracts as set out in Section 4 of Regulation (EU) 1215/2012, Brussels I (recast). This provides added protection for consumers as they are regarded as a weaker party in the dispute. The general rule when dealing with a consumer is that the consumer can bring proceedings in the EU Member State in which they are domiciled even if the defendant is domiciled elsewhere. It is important to be aware of the definition of a consumer and the difficulties which may arise when determining the application of the provisions. The provisions in Article 18(1) of Regulation (EU) 1215/2012, Brussels I (recast) were not previously available in Regulation (EC) 44/2001, Brussels I.
This Practice Note considers the provisions in relation to consumer actions (Articles 17–19 of Regulation (EU) 1215/2012, Brussels I (recast)).
Article 17 of Regulation (EU) 1215/2012, Brussels I (recast) and Article 19 of Regulation (EU) 1215/2012, Brussels I (recast) are identical to the provisions in Article 15 of Regulation (EC) 44/2001, Brussels I and Article 17 of Regulation (EC) 44/2001,
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234