The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is intended to act as a guide to the main changes implemented through the recast of Brussels I and explains the transitional arrangements to enable you to determine whether the new provisions are applicable to the matter you are dealing with. This Practice Note was written in January 2015 and will not be subject to further update. The links in the Related Documents are to maintained documents and give the up to date position.
Brussels I (recast) will only apply to matters in which relevant events take place on or after 10 January 2015 (art 66). Those events are:
legal proceedings have been instigated
authentic documents have been drawn up or registered
court settlements have been approved or concluded
Warning: art 80 states that Brussels I (recast) repeals Brussels I. However, art 66 specifically states that, notwithstanding that provision, Brussels I will continue to apply to judgments given in legal proceedings instigated prior to 10 January 2015 and to authentic documents drawn up or registered and court settlements approved or concluded prior to 10 January 2015.
Practical consideration: the transitional provisions do not explicitly address which regulation applies if a jurisdictional, rather than a judgment, issue arises after 10 January 2015 in relation to proceedings
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