E&W Brussels I (recast) and proceedings in third states (arts 33 and 34) [Archived]

Copyright © 2025 LexisNexis
Produced in partnership with Ian McDonald of 3 Verulam Buildings (3VB)
Practice notes

E&W Brussels I (recast) and proceedings in third states (arts 33 and 34) [Archived]

Copyright © 2025 LexisNexis

Produced in partnership with Ian McDonald of 3 Verulam Buildings (3VB)

Practice notes
imgtext

ARCHIVED: This Practice Note has been archived and is not maintained.

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: E&W Brussels I (recast)—application to third states [Archived].

Impact of UK’s departure from the EU

Following exit day (ie 31 January

Ian McDonald
Ian McDonald

Barrister, 3 Verulam Buildings (3VB)

Ian McDonald has a broad practice, with a particular focus on commercial litigation, international arbitration, private international law, and international human rights law. He is regularly instructed in complex, high-value cases, often with an international dimension.

Ian recently represented Nick Suppipat and his companies in their $US 2billion fraud claims against multiple defendants in the Commercial Court (one of The Lawyer’s ‘Top 20 Cases of 2022’). He has a particular expertise, also, in private international law, and has worked as a teaching assistant on the Conflict of Laws module on the Bachelor of Civil Law at the University of Oxford. Ian recently appeared in VP Fund Solutions (Luxembourg) SA v. GI Globinvestment Ltd [2022] EWHC 1872 (Comm), successfully resisting a jurisdiction challenge (under both the recast Brussels I Regulation and the common law rules) in a multi-million-pound unlawful means conspiracy claim. He is also presently instructed in a number of international commercial and investment arbitrations, including under the UNCITRAL and ICC Rules and the ICSID Convention.

Prior to being called to the Bar, Ian spent five years at Liberty, the human rights organisation. He has a strong interest in international human rights law, and the rights to liberty and security and freedom of expression in particular. Ian is currently acting for the Moscow bureau of the international media group RFE/RL in their application to the European Court of Human Rights, challenging Russia’s use of ‘foreign agent’ laws, and is presently part of the Counsel team representing the British-Egyptian writer and pro-democracy activist, Alaa Abd el-Fattah, before the UN Working Group on Arbitrary Detention. He is also an officer of the Human Rights Law Committee of the International Bar Association.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Recast definition
What does Recast mean?

A recast piece of EU legislation is the result of a mix of substantial amendment and codification; the new EU legal act will have its own new name and number as it will go through the full legislative procedure.

Read more readmore

Popular documents

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an