Brussels I (recast) and proceedings in third states (arts 33 and 34)
Produced in partnership with Ian McDonald of 4 New Square

The following Dispute Resolution practice note produced in partnership with Ian McDonald of 4 New Square provides comprehensive and up to date legal information covering:

  • Brussels I (recast) and proceedings in third states (arts 33 and 34)
  • Impact of UK’s departure from the EU
  • What are the relevant articles in the regulation?
  • A limited international lis pendens rule
  • Discretion to stay proceedings
  • Criteria for the court to consider whether to grant a stay
  • What is meant by ‘expedient to hear and determine the related actions together to avoid the risk of irreconcilable judgments resulting from separate proceedings’
  • What is meant by the word ‘expedient’?
  • What is meant by the words ‘related actions’?
  • What is mean by risk of ‘irreconcilable judgments’?
  • More...

Brussels I (recast) and proceedings in third states (arts 33 and 34)

This Practice Note considers the impact of Regulation (EU) 1215/2012, Brussels I (recast) where there are identical or related proceedings pending before the courts of a non-EU Member State (or third state as they are often known). The relevant provisions in the regulation are Articles 33 and 34 of Regulation (EU) 1215/2012, Brussels I (recast). This Practice Note includes discussion of the application of relevant provisions in the regulation to the UK as a third state following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement). For general guidance on these articles, as well as the other provisions of the regulation that are relevant to third states, namely Articles 18(1), 21(2), 24, 25 and 26 of Regulation (EU) 1215/2012, Brussels I (recast), see Practice Note: Brussels I (recast)—application to third states.

Impact of UK’s departure from the EU

Following exit day (ie 31 January 2020), the UK became a third state in respect of Regulation (EU) 1215/2012, Brussels I (recast).

As a result of transitional provisions in the Withdrawal Agreement between the UK and the EU, the UK remained subject to Regulation (EU) 1215/2012, Brussels I (recast) during the implementation period, which began on exit day and ended on IP completion day (ie 31 December 2020, at 11 pm).

The

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